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By Richard Gearhart
Founding Partner

If you’ve come up with an invention, your next question is likely, “How much does it cost to talk to a patent attorney?” It’s a fair question. The process can feel uncertain, especially when you’re just starting out. At Gearhart Law, we understand the hesitation that comes with investing in something new. That’s why we believe in transparency from the start. Talking with a patent attorney can save you time and money in the long run, especially if you’re unsure about whether your invention is even patentable. Here, we’ll break down the typical costs and what you can expect at each step.

Initial Consultation Fees 

Most patent law firms offer an initial consultation, and the cost varies depending on the time involved and the depth of the conversation. 

What’s included in that consultation?

  • A preliminary assessment of your invention’s potential
  • An outline of next steps, including timelines and filing options
  • A discussion of likely costs based on your goals

It’s a small investment that can make a big difference in how you move forward.

Patent Search Costs 

Before filing a patent application, most inventors start with a patent search. This search helps determine whether your invention is new and unique enough to qualify for a patent. The cost for a professional search usually ranges from $500 to $1,500.

A patent search includes:

  • A review of existing patents and published applications
  • A written report summarizing what was found
  • Legal insight into how your invention compares to prior patents

Although it’s optional, a patent search is often worth it. It can help you avoid investing in a full application if a similar idea has already been protected. We’ll let you know when a search makes sense based on your invention.

Patent Application Drafting Fees 

This is where most of the cost comes in. Preparing and filing a patent application takes time, skill, and careful attention to detail. The total fee depends on the type of application and the complexity of your invention.

Here’s what you can expect:

  • Provisional patent application: $1,500 to $3,500
  • Non-provisional patent application: $7,500 to $15,000+

We’ll walk you through what’s included in those fees, which generally cover:

  • Drafting the technical description of your invention
  • Preparing claims that define the scope of your protection
  • Creating any drawings or diagrams needed
  • Completing and submitting the forms to the USPTO

In addition to our legal fees, there are also government filing fees, which vary based on the size of your business:

  • Micro entity: $70
  • Small entity: $140
  • Basic filing fee: $350

You won’t be surprised by unexpected charges. We offer transparent pricing, clear billing, and updates throughout the process. If changes are needed along the way, we’ll talk to you about the cost before taking action.

Ongoing Costs After Filing 

Filing the application is only part of the process. After submission, the USPTO may respond with questions or rejections, known as Office Actions. Responding to these can involve additional fees, typically billed hourly or as flat rates.

Common post-filing tasks include:

  • Amending claims
  • Responding to legal rejections or technical objections
  • Tracking deadlines and filing formal documents

We aim to keep these follow-up costs manageable. We’ll let you know what’s coming, what’s optional, and how to stay on track without overspending.

How Gearhart Law Supports Your Patent Goals 

At Gearhart Law, we work with inventors, entrepreneurs, and startups across New Jersey and beyond. We help you understand the process so you can make smart decisions. Our team communicates clearly, sets expectations upfront, and works within your budget.

Whether you’re filing your first patent or building a portfolio, we’ll meet you where you are. We’re here to protect your ideas and support your long-term goals. 

Invest in Protection with Confidence 

Talking to a patent attorney is the first step toward protecting your invention. Knowing the cost upfront helps you plan and feel confident in your choices. At Gearhart Law, we’ll walk you through each step, explain the options, and offer a clear path forward. Contact us today to schedule a consultation and take the first step toward protecting your idea.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.