Expert: George H. Morgan, P.E., Patent Agent - 8/9/2009

Question
Hi,

I am planning to file a patent soon but don't know which patent attorney i should get. I am really surprised at the price difference of patent attorneys between different countries for drafting the patent. For example, in USA it is really expensive like 8000$ at least (i think), but like in Thailand and some other countries it is much less (even for some credible and reputable companies).

The question is, is the price difference merely because of difference in standard salary of each country? Or is there significant performance difference? If not, then why not everyone use cheaper services?

Thanks a lot for any advice.

Answer
Mr. Kant, in most countries, including the United States, one must first file in the country they are located, and get formal permission (usually routine) to file in another country. This is a way each country controls high technology. Then, after you have permission to file, usually, you have to engage an attorney for each country in which you want to file.  Usually, one goes through their attorney that filed in their own country, and that attorney engages attorneys in the countries the inventor wishes to file.

Filing in foriegn countries can get very expensive, especially outside of the geographical area in which the inventor is located.

I suspect that that $8,000 figure you were quoted, was just for the filing of the formal patent, not the entire costs of prosecuting that application all the way through the system.

Typical costs of the entire process in the United States, through a moderately successful American Patent Attorney in a known firm in a respectably sized city in the U.S. is more into the $20,000/30,000 range, counting everything over the two or three years involved. Filing for a patent is one thing, getting the patent is another. The problem patent attorneys have is the same the doctors have in this country, they must practise devensively.  Liability insurance for intellectual property lawywers has just had a significant increase. Also, their office overhead eats up as much as 50% of their billings receipts. So, be sure your quoted price covers all the expenses. Some European countries are as much or more. Long term, in China, you are looking at even more costs that you are in the U.S., last time I checked because of "maintenance fees."

Patent Agents, as differentiated from Patent Attorneys, (we do the same thing with the patent office) which typically work out of their home offices, and figure they don't need liability insurance if they communicate well with their clients, and avoid "risky" clients (i.e. the ones that just KNOW they have an invention the auto companies will pay them a million dollars for their invention, up front, and are very paranoid). The cost of doing business with a Patent Agent is approximately one third of the cost of the Patent Attorneys, in my personal experience. Of course, I have only been a Patent Agent since 1973.

The quality of the practioners is probably quite adequate to very good from country to country. Costs of living affects the costs of getting the patent in each country, I suspect.

But, be sure you have all the costs quoted, not just the translation & filing fees.

If you wish to file in the United States, I can help you, IF I & my associates think you really have something worth the cost and effort to get a patent.

Also, beware of the popular scams in the United States, that position themselves as Inventon Marketing Companies. It is a $300 or so million dollar a year racket. Prime suspects include Davidson, InventTech, Invetions Submission Corporation, Absolutely New (a permutation of IP&R), and doubtful ones that we inventor activists are watching, is UIA and Inventors Digest for their willingness to endorse a few other doubtul enterprises.

I do hope this helps.

Best wishes on your invention and its success!

George H. Morgan
Professional Engineer (since 1958)
Patent Agent (since 1973)
Fellow Inventor