Getting a U.S. utility patent usually costs a few thousand dollars in USPTO government fees, plus professional fees for preparing and prosecuting the application, which are typically the larger share of the total. Under the USPTO fee schedule in effect since January 19, 2025, the filing, search and examination fees for a utility application add up to $2,000 for a large entity, $800 for a small entity and $400 for a micro entity. Issue fees, any excess claims fees and three maintenance fees are added later.
Design patents cost less at the USPTO, and a provisional application can be filed for $325, $130 or $65 depending on entity size. Below, we break down each fee, what drives attorney costs, and ways to control the cost of a patent.
What Makes Up the Cost of a Patent
When people ask “how much is a patent,” they are usually asking about several separate expenses that arrive at different stages:
- USPTO filing, search and examination fees, paid when a non-provisional application is filed
- Professional fees for drafting the specification, claims and drawings
- Prior art search costs, if you search before filing
- Prosecution costs for responding to examiner rejections, which can take more than one round
- Issue fees, paid when the USPTO allows the application
- Maintenance fees for utility patents, due at 3.5, 7.5 and 11.5 years after grant
USPTO Fees to File a Utility Patent Application
The USPTO’s current fee schedule reflects its fiscal year 2025 fee rule, which took effect January 19, 2025. For a utility application filed electronically, the three core fees are (large / small / micro entity):
- Basic filing fee: $350 / $140 / $70
- Search fee: $770 / $308 / $154
- Examination fee: $880 / $352 / $176
Together that is $2,000, $800 or $400. A utility application filed on paper instead of through the USPTO’s electronic system also carries a non-electronic filing fee of $400 for large entities and $200 for small and micro entities. That fee does not apply to design, plant, reissue or provisional applications.
Small Entity and Micro Entity Discounts
Entity status has the biggest single effect on government fees. According to the USPTO’s small and micro entity guidance, small entities receive a 60% discount on most patent fees and micro entities receive an 80% discount.
- Small entity: an individual, a nonprofit, or a small business (including affiliates) with no more than 500 employees, that has not assigned or licensed, and is not obligated to assign or license, the invention to an entity that does not qualify.
- Micro entity (gross income basis): the applicant must qualify as a small entity, no inventor or applicant may be named on more than four previously filed applications (with certain exclusions, such as provisional applications), and no one may exceed a gross income limit set at three times the median household income, which the USPTO updates periodically. Micro entity status is also available through institutions of higher education under 37 C.F.R. § 1.29(d).
Status must be established and certified properly, and it can change, for example after a license to a larger company. Our guide to micro entity vs. small entity status covers the details.
Excess Claims and Application Size Fees
Longer and broader applications cost more at the USPTO. In addition to the basic fees, a utility application can incur (large / small / micro):
- Each claim over 20 total: $200 / $80 / $40
- Each independent claim over 3: $600 / $240 / $120
- Multiple dependent claim: $925 / $370 / $185
- Application size fee: $450 / $180 / $90 for each additional 50 sheets (or fraction) once the specification and drawings exceed 100 sheets
A focused claim strategy often keeps these fees modest.
Issue Fees and Maintenance Fees After Grant
When the USPTO allows a utility application, the issue fee is $1,290 for large entities, $516 for small entities and $258 for micro entities. A utility patent generally lasts until 20 years from the U.S. filing date of the application.
To keep a utility patent in force, the owner must pay maintenance fees (large / small / micro):
- 3.5 years after grant: $2,150 / $860 / $430
- 7.5 years after grant: $4,040 / $1,616 / $808
- 11.5 years after grant: $8,280 / $3,312 / $1,656
Each fee can be paid without a surcharge during the six months before it is due, or with a surcharge during a six-month grace period afterward. If a fee is not paid by the end of the grace period, the patent expires. Across all three, maintenance fees total $14,470 for a large entity, which makes them a real part of the lifetime cost of a utility patent.
How Much Does a Design Patent Cost?
Design patents protect the ornamental appearance of an article, and they are usually the less expensive option. USPTO fees for a design application are (large / small / micro):
- Filing fee: $300 / $120 / $60
- Search fee: $300 / $120 / $60
- Examination fee: $700 / $280 / $140
- Issue fee: $1,300 / $520 / $260
A design application may contain only one claim, so excess claims fees do not apply, and federal law does not allow maintenance fees for design or plant patents. A design patent lasts 15 years from the date of grant. The main professional cost is usually high-quality drawings. For help choosing between the two types, see design patent vs. utility patent.
How Much Does It Cost to File a Provisional Patent Application?
A provisional application costs $325 (large entity), $130 (small entity) or $65 (micro entity) to file. It does not require formal claims, is never examined, and expires 12 months after filing, so you must file a non-provisional application within that year to keep its filing date. The provisional fee is in addition to the non-provisional fees, not a substitute for them. Provisional applications are not available for designs. Our guide on provisional patent applications explains when filing one makes sense.
Patent Lawyer Cost: Attorney and Agent Fees
Professional fees vary more than government fees, so any single number would be misleading. The main factors are:
- Technical complexity. A simple mechanical device takes less drafting time than a complex software system, a chemical composition or a medical device with many embodiments.
- Quality of your disclosure. Clear invention write-ups, sketches, prototypes and test data reduce the time needed to prepare the application.
- Number and scope of claims. More independent claims and more variations take longer to draft and support.
- Drawings. Formal patent drawings are often prepared by a draftsperson and billed separately.
- Prosecution. Most applications receive at least one office action. Each response, examiner interview or request for continued examination (currently $1,500 for a large entity for the first request) adds cost.
Some practitioners charge a flat fee to prepare and file an application and bill prosecution separately; others bill hourly throughout. Ask for a written estimate of both. Only practitioners registered with the USPTO, and certain others the Office recognizes, may represent applicants in patent matters before the USPTO, so confirm who will be handling the filing.
Patent Search Costs
The USPTO does not require you to search before filing, but a search is often money well spent. If close prior art exists, it is better to learn that before paying drafting and filing fees. You can start for free with the USPTO’s Patent Public Search tool, which covers U.S. patents and published applications. A professional search and patentability opinion costs more, depending on the technology and how broadly the search looks, but it can shape stronger claims and reduce later rejections. See our tips for an effective patent search strategy.
Software Patents and Other Cost Drivers
Software and business-method inventions often cost more to patent because of subject matter eligibility. Under Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), claims directed to an abstract idea are not eligible unless they add something significantly more. Applications in this area commonly face eligibility rejections, which can mean additional rounds of prosecution. Drafting that ties the claims to a specific technical improvement takes more time at the outset. Read more in Can Software Be Patented?
Other factors that raise the cost of a patent include foreign filing (each country or regional office charges its own fees), continuation applications to pursue additional claims, and extended prosecution when the examiner and applicant disagree about the prior art.
Ways to Reduce Patent Costs
- Claim the correct entity status. If you qualify, small or micro entity status cuts most USPTO fees by 60% or 80%.
- File electronically. Filing a utility application through Patent Center avoids the non-electronic filing fee.
- Keep claims within the included limits. Staying at or under 3 independent and 20 total claims avoids excess claims fees.
- Search first. A pre-filing search can prevent spending on an application unlikely to be allowed.
- Prepare a thorough disclosure. Organized technical materials shorten drafting time.
- Use a provisional strategically. A provisional can defer larger costs for up to 12 months while you test the market, but it must be complete enough to support later claims.
- Review maintenance fees at each window. If a patent no longer covers anything commercially important, you can decide whether to keep paying.
Plan Your Patent Budget With Revision Legal
Patent costs are easier to manage when you know which fees are coming and when. Revision Legal works with our patent counsel to help inventors and businesses decide what to file, estimate government and professional fees, and move from a provisional application to an issued patent. If you have an invention you want to protect, talk with our patent lawyers. Contact us through the form on this page or call (855) 473-8474.
Frequently Asked Questions
How much does it cost to patent an idea?
You cannot patent a bare idea. The application must describe how to make and use the invention. For a utility patent, USPTO filing, search and examination fees total $2,000, $800 or $400 depending on entity size, plus an issue fee and later maintenance fees. Professional fees for drafting and prosecution are usually the larger expense and depend on the complexity of the invention.
How much does it cost to file a provisional patent application?
The USPTO fee to file a provisional application is $325 for a large entity, $130 for a small entity and $65 for a micro entity. Professional fees depend on how detailed the provisional is. A provisional expires after 12 months, so you will also pay non-provisional filing, search and examination fees if you pursue a patent.
Do design patents require maintenance fees?
No. Federal law does not allow the USPTO to charge maintenance fees for design or plant patents. A design patent lasts 15 years from grant once the issue fee is paid. Utility patents are different: maintenance fees are due at 3.5, 7.5 and 11.5 years after grant, and the patent expires if a fee and any surcharge go unpaid.
What discounts are available on USPTO patent fees?
Small entities, such as individuals, nonprofits and businesses with 500 or fewer employees, receive a 60% discount on most patent fees. Micro entities receive an 80% discount. Micro entity status generally requires small entity status, no more than four prior non-provisional applications naming the inventor, and income under the USPTO gross income limit, or a qualifying tie to a university.
How much does a patent lawyer cost?
Patent attorney and agent fees vary widely with the technology, the number of claims, the quality of the inventor’s disclosure and how much back-and-forth with the examiner is needed. Many practitioners quote a flat fee to prepare and file an application and bill office action responses separately. Ask for a written estimate covering both drafting and prosecution before you start.
