The cost of patenting is a major concern for inventors, startups, and businesses. Whether you’re an individual with a new idea or a startup developing innovative tech, the financial burden of securing a patent falls on you. The total USPTO fee for obtaining a patent depend on factors such as the type of patent, the applicant’s size, like individual, small entity, or large entity, and the stages of the application process. Applicants must pay several key fees, including the search fee, examination fee, and issue fee.
With patents, you have the legal right to stop others from using your invention without permission, getting and securing those rights comes with costs, some of which aren’t always obvious. From filing fees and attorney charges to the added expenses of protecting your invention in other countries, the process can add up quickly. In this article, we’ll guide you through the real-world costs of patenting, so you know what to expect at every step.
Different Types of Patents
A patent is a right given by the government that lets an inventor control how their invention is made, used, sold, or shared with others. In return, the inventor has to explain how the invention works so the public can understand it.
Various types of patents:
- Utility patents – for innovative and practical methods, devices, or material formulations.
- Design patents – protect the visual design or aesthetic features of a product.
- Plant patents – for distinct plant varieties propagated asexually, such as by cuttings or grafting.
Patents can offer major business advantages: they help secure market share, attract investors, generate licensing income, and build company value. But they come at a cost—patenting can be expensive, and it’s important to understand what you’re investing in.
Micro, Small, and Large Entity Explained
Large entity: Any big company or organization that does not come under the category of of a small or micro entity. This includes corporations, universities (in most cases), and government agencies. No fee discount is available for large entities.
Micro entity: A micro entity gets a 75% fee discount and must first qualify as a small entity. To qualify, the applicant must either.
(A) Earn less than $225,000 and have been named on no more than 4 prior U.S. applications, or
(B) Receive most income from, and assign/license the invention to, a U.S. higher education institution.
Small entity: A small entity is eligible for a 50% discount on most USPTO fees. This includes individual inventors, non-profits, and businesses with fewer than 500 employees, as long as they do not assign or license rights to a large entity.
A Guide to USPTO Patent Costs
Patenting an invention isn’t cheap, and the cost depends on factors like the complexity of your invention, where you’re filing, whether you hire an attorney, and which patent office you use. In the U.S., the total cost typically ranges between $5,000 – $20,000 or more.
1. Patent Search Costs
- Before you file, it’s smart to run a patent search to make sure your invention is truly unique. Skipping this step could cost you thousands if your patent is later rejected or challenged.
- Professional search cost: $500 – $2,500
2. Drafting & Filing the Application
Patent drafting—especially a utility patent—requires precision. It’s not just paperwork; it’s legal protection. That’s why many inventors hire a patent attorney.
- Utility patent drafting (attorney): $5,000 – $12,000
- Design patent drafting: $1,000 – $3,000
- DIY option: You can skip attorney fees, but poorly written patents can get rejected or offer weak protection.
3. Government Filing Fees (USPTO)
The USPTO charges fees based on your entity size (micro, small, or large). Consisting of Patent filing, Patent search, and examination fees.
Utility patent filing (combined):
- Micro entity: around $430
- Small entity: around $860
- Large entity: around $1,820
- Design patent: $50 to $400
4. Patent Prosecution (Office Actions Response)
After filing, the patent examiner reviews your application. Often, they’ll raise questions or rejections, and you’ll need to respond—this back-and-forth is called patent prosecution.
- Office Actions Response– Response cost (attorney): $1,000 – $3,000 per round
- Rounds expected: 1–3 is normal
5. Post-Allowance & Issuance Fees
- Utility patent issuance: $500 – $1,000
- Design patent issuance: $200 – $700
6. Maintenance Fees (Utility Patents Only)
For small entities, maintenance fees must be paid at three key points during the life of a utility patent. The cost is $1,000 at 3.5 years, $2,000 at 7.5 years, and $3,000 at 11.5 years after the patent is granted.
7. International USPTO Patent Costs
Want to protect your invention beyond the U.S.? That gets more expensive.
You have two main paths:
- Patent Cooperation Treaty (PCT)
- Direct national filings
Expect to spend $10,000 or more per country, especially after adding translation, local attorneys, and foreign office fees.
International patenting can be a significant investment, especially if you’re seeking protection in multiple countries. The initial PCT filing costs from $3,000 to $4,500. After that, when you enter the national phase in each country, you can expect to pay an additional $2,000 to $5,000 per country. On top of that, local agent fees and translation costs can add another $1,000 to $3,000 per country, depending on the language and legal requirements. Altogether, pursuing global patent protection can easily exceed $100,000, especially if you’re filing in several countries
Factors that influence the cost of patenting
- Type of Patent
- Complexity of the Invention
- Use of a Patent Attorney
- Number of Claims
- Entity Size
- Office Actions / Rejections
- Drawings and Formalities
- Maintenance Fees
- Opting for the International filing
Ways to reduce costs:
1. Start with a Provisional Patent Application
Filing a provisional application is cheaper and less formal.
2. Apply as a Micro or Small Entity
The USPTO offers steep discounts—50% for small entities and 75% for micro entities. If you qualify, this can significantly reduce your filing, examination, and maintenance fees.
3. Limit the Number of Claims
Adding too many claims, especially independent ones, can quickly drive up your costs. To keep things simple and affordable, it’s a good idea to stick to no more than 20 total claims and 3 independent ones. This not only saves on fees but also makes your application easier for the examiner to review.
4. Respond Promptly and Clearly to Office Actions
Delays and vague responses to USPTO objections (office actions) can lead to more rounds of review, which means higher attorney fees. A clear and timely response reduces back-and-forth and saves money.
5. Use Patent Clinics or Pro Bono Services
Many universities and organizations offer free or low-cost patent assistance through USPTO-certified law school clinics or pro bono programs, especially for solo inventors and startups with limited income.
Conclusion:
Patent costs are a major concern for inventors. From search and filing fees to attorney and maintenance charges, expenses can add up quickly. The total cost depends on factors like the type of patent, invention complexity, and applicant size. Smart planning and cost-saving strategies can make the process more affordable.