IP Blog


How much does it cost to get a patent?

posted Jan 25, 2018, 11:46 PM by Edmund Xie   [ updated Jan 26, 2018, 12:02 AM ]

People frequently ask me how much it costs to get a patent.  This is what I usually tell them. For most patent-related work, I charge based on an hourly rate of $400/hour. So if you hire me, the cost for preparing and filing an original utility patent application is usually in the range of $8000 - $16000 CAD. If you want me to do a patentability search and analysis prior to preparing the utility patent application, the cost for conducting a patentability search and analysis for one invention is usually in the range of $3500 - $5000 CAD. If the USPTO issues a substantive Office Action to the utility patent application, the cost for preparing and filing a response to the Office Action is usually in the range of $3000 -$5000 CAD.

In contrast to utility patent, it is much cheaper to get a U.S. design patent. I usually charge about $2500 CAD to prepare and file a U.S. design patent application. If the application is allowed, there is some additional cost (usually less than $1500 CAD) to pay the issue fee to the USPTO and obtain the patent. 

How to access USPTO EFS-Web online patent filing system and Private PAIR using Chrome Version 42 and later?

posted May 6, 2015, 11:12 PM by Edmund Xie   [ updated May 6, 2015, 11:13 PM ]

If you are a patent lawyer or patent agent and use Chrome Version 42 and later as your browser, you need to enable Java and NPAPI in order to use USPTO EFS-Web online patent filing system and Private PAIR in Chrome.

To enable NPAPI plugins, you need to enter In your URL bar:
chrome://flags/#enable-npapi 
Click the Enable link for the Enable NPAPI configuration option.
Click the Relaunch button that now appears at the bottom of the configuration page.

Can one use the 11-point maple leaf in a trademark in Canada?

posted Apr 14, 2015, 9:55 PM by Edmund Xie   [ updated Apr 14, 2015, 10:00 PM ]

By Order in Council P.C. 1965-1623 (dated September 2, 1965), any person in Canada may use a design or trademark incorporating the maple leaf that forms part of the flag of Canada on the condition that:
  1. the use of the design or trademark conforms to good taste;
  2. an applicant for the registration of such design or trademark disclaims, in his application, the right to the exclusive use of the maple leaf; and
  3. the owner of such design or trademark will not attempt to prevent anyone else from using the maple leaf.

Does a patent give the patent owner the exclusive right to make, use, and sell the invention?

posted Jan 11, 2015, 9:52 PM by Edmund Xie   [ updated Jan 11, 2015, 9:56 PM ]

A patent gives the patent owner the right to EXCLUDE others from making, using, and selling what is covered by their patent claims. A holder of a prior patent still in force with broader claims may prevent the inventor whose patent has narrower claims from using the inventor's own patent. Therefore, patent right is exclusory only.

A patent is a property right granted by a state government to an inventor to EXCLUDE others from making, using, offering for sale, or selling the invention or importing the invention for a limited time in exchange for public disclosure of the invention.

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