What a patent costs

Two kinds of cost

Government fees are paid to the U.S. Patent and Trademark Office. They're set by law and are the same no matter who files for you.

Professional fees are what an attorney charges to search, advise, write and file your application, and to respond to the examiner. They're usually the larger part of the total, and they vary with the attorney and how complex your invention is.

The three types, and what each costs

Factor	Provisional application	Utility patent	Design patent
What it protects	Nothing yet. It holds your filing date	How your invention works	How your invention looks
How long it lasts	12 months, then expires	20 years from filing	15 years from grant
Examined by the USPTO	No	Yes	Yes
Typical time to a decision	Never issues	2–4 years	12–18 months
Enforceable rights	No	Yes, once granted	Yes, once granted
Lets you say “patent pending”	Yes	Yes	Yes
Typical total cost	$500–$2,500 plus USPTO fees	$8,000–$15,000+ through grant	$2,500–$5,000 through grant

Provisional application

What it protects: Nothing yet. It holds your filing date
How long it lasts: 12 months, then expires
Examined by the USPTO: No
Typical time to a decision: Never issues
Enforceable rights: No
Lets you say “patent pending”: Yes
Typical total cost: $500–$2,500 plus USPTO fees

Utility patent

What it protects: How your invention works
How long it lasts: 20 years from filing
Examined by the USPTO: Yes
Typical time to a decision: 2–4 years
Enforceable rights: Yes, once granted
Lets you say “patent pending”: Yes
Typical total cost: $8,000–$15,000+ through grant

Design patent

What it protects: How your invention looks
How long it lasts: 15 years from grant
Examined by the USPTO: Yes
Typical time to a decision: 12–18 months
Enforceable rights: Yes, once granted
Lets you say “patent pending”: Yes
Typical total cost: $2,500–$5,000 through grant

Typical totals vary with the invention and the attorney. Many products are protected by both a utility and a design patent.

Fixed-price filing packages

If you decide to file, you can choose a fixed-price package. The application is prepared and filed by an independent, licensed patent attorney.

Design Patent$2,497 Provisional Patent Application$3,997 Utility Patent$7,997

What's in each package, and who you pay →

Which fee rate applies to you

Most first-time inventors qualify for a reduced rate:

Micro entity pays 20% of the full fee. Generally for individuals who meet an income limit and have filed no more than four previous applications.
Small entity pays 40%. Individuals and businesses with fewer than 500 employees.
Large entity pays the full fee.

The rules have conditions. Your attorney will confirm which rate you qualify for.

USPTO government fees

Fee	Micro	Small	Large
Provisional application
Filing fee	$65	$130	$325
Utility patent
Filing, search and examination	$400	$800	$2,000
Issue fee (when allowed)	$258	$516	$1,290
Design patent
Filing, search and examination	$260	$520	$1,300
Issue fee (when allowed)	$260	$520	$1,300
Keeping a utility patent in force
Maintenance at 3.5 years	$430	$860	$2,150
Maintenance at 7.5 years	$808	$1,616	$4,040
Maintenance at 11.5 years	$1,656	$3,312	$8,280

Fees effective January 19, 2025, checked October 2026. Other fees can apply, such as excess claims or extensions. Source: USPTO fee schedule.

What that adds up to in government fees alone

Provisional application: $65 micro / $130 small. This holds your place for 12 months. It is never examined and never becomes a patent by itself.
Design patent, filed to granted: about $520 micro / $1,040 small.
Utility patent, filed to granted: about $658 micro / $1,316 small, plus maintenance fees over the patent's life.

How to keep costs under control

Search first. Finding out early that your idea already exists is the cheapest result you can get.
Get the price in writing before any drafting starts, whether it's a package or an attorney's own quote, and ask what it does and doesn't cover.
Be wary of very cheap filings. A poorly written application can cost more later, or protect less than you think.
Watch the calendar. In the U.S., you generally have one year from your own first public disclosure or sale to file. Many other countries give you no grace period at all.

A patent protects your rights. It doesn't guarantee your product will sell. Most patented inventions never make money, so spend in proportion to the evidence you have.