Short answer: It depends on the type of rejection and how much work the response takes. At Legacy Patents, a brief review and explanation of your office action is free, responses start at $500, and examiner interviews start at $250. USPTO fees, such as extension fees, are separate.
What drives the cost
- Type of rejection. A formal objection is usually quick to fix. Prior art rejections under 35 U.S.C. §§ 102 and 103, and eligibility rejections under § 101, take more analysis.
- Number of claims and references. More rejected claims and more cited prior art mean more work.
- Whether claims need amending. Rewriting claims carefully takes more time than arguing the examiner's reading is wrong.
- Whether the action is final. A final rejection may call for an after-final response, a Request for Continued Examination (RCE), or an appeal, each with its own costs.
The hidden cost: waiting
Most office actions set a three-month response deadline. You can usually extend it up to three more months, but each month of extension adds a USPTO fee. If you miss the deadline entirely, your application can be abandoned. Getting started early is the easiest way to keep costs down.
How to save money
- Send the office action as soon as you receive it.
- Share any notes about how your invention differs from the cited prior art.
- Ask whether an examiner interview could resolve the issues faster.
- Get a flat-fee quote before work starts, so there are no surprises.
Legacy Patents responds to office actions at flat fees, including applications you or another firm filed. See our Office Action Response page.