The expense of patenting an invention is on the agendas of inventors’, entrepreneurs’, start-up companies’, and corporations’. As a solo inventor with a revolutionary concept or as a start-up company with a worthwhile technology to safeguard, the full cost burden of patenting must be borne.
Though patents will grant you qualified rights to keep others from exploiting your invention without your permission, acquiring and securing such rights are in the form of some costs—some not readily apparent. Either it is fees for filing, attorney fees, or foreign expansion; in this book, we will walk you through the full range of costs of patenting.
Now that we’ve got the lowdown on patent cost, let’s get to the bottom line and make smart decisions about whether and how to invest in your intellectual property.
What Is a Patent and Why Does It Matter?
A patent is a government official right that gives a single license to an inventor to make, use, sell, or license an invention for a limited time period—typically 20 years on utility patents. The inventor must reveal how the invention works as a prerequisite.
There are three general categories of patents:
- Utilities patents: Cover new and useful processes, machines, or compositions of matter.
- Design patents: Preserve something’s useful form.
- Plant patents: Protect newly created, asexually reproducing plant types.
Patents can provide market benefit, create licensing revenue streams, create firm value, and earn income from financiers. But at what expense—they tend to be an expensive fee.
The Real Cost of Patenting: Shattering the Fees
The cost of patenting is primarily dependent on invention complexity, geography, attorney fees, and the patent office. Patenting in the US can cost between $5,000 and $20,000 or more on average.
Let’s make it simple.
1. Patent Search Costs
It’s recommended that you do a patent search prior to filing for a patent so your invention will be novel. A quality search will prevent you from wasting money by filing a patent that will be refused automatically.
- Professional Search: $500 to $2,500 based on complexity.
Optional but saving you thousands of dollars in returned applications or downstream litigation.
- 2. Drafting and Filing Fees
Patent applications, particularly utility patents, need technical accuracy and detail. Having a professional patent attorney substantially enhances your success rate.
- Attorney Drafting Fees (Utility Patent): $5,000–$12,000
- Attorney Drafting Fees (Design Patent): $1,000–$3,000
- Do-It-Yourself Filing: Save only government fees, but jeopardize bad drafting
Draw mistakes will be more expensive in the long term, either through the vehicle of office action rejection or weak patents that fail to guard your invention adequately.
3. Government Filing Fees
United States Patent and Trademark Office (USPTO) fees are differential based on patent type and size of applicant (micro, small, or large entity).
As of 2025:
- Utility Patent Filing Fee: $75 (micro entity) to $320 (large entity)
- Filing Fee: $165 to $700
- Expiration Fee: $190 to $800
- Total Filing Fees to Begin: ~$430 (micro) to ~$1,820 (large)
Design patent filing fees are typically less, typically between $50 and $400 all in, depending upon the size of the company.
4. Patent Prosecution Fees
Once filed, your application is reviewed by a patent examiner. The tit-for-tat process may mean resolving objections or rejections termed “office actions.”
Each response to an office action by an attorney will cost $1,000 to $3,000. There will be several rounds that are normal before approval.
5. Post-Allowance Fees and Issuance
When your application is approved, you’ll pay an issuance fee:
- Utility Patent Fee to Issue: ~$500–$1,000
- Design Patent Fee to Issue: ~$200–$700
You now own the patent, but you’re not out of payment yet.
6. Maintenance Fees (Utility Patents Only)
To keep a utility patent in effect, you’ll need to pay maintenance fees at 3.5, 7.5, and 11.5 years.
Current estimates (USPTO 2025 rates):
- 3.5 years: $500 (micro) / $1,000 (small) / $2,000 (large)
- 7.5 years: $1,000 (micro) / $2,000 (small) / $4,000 (large)
- 11.5 years: $1,500 (micro) / $3,000 (small) / $6,000 (large)
Maintenance fees do not apply to design patents.
7. International Patent Fees
If you do travel overseas somewhere outside of the U.S., your cost of patenting will be a lot greater.
You can secure international protection through
- Patent Cooperation Treaty (PCT): International filing system in one unified format.
- National Filings: Direct filings with foreign patent offices.
Typical standard international patenting charges are
- PCT Filing Fee: $3,000–$4,500
- National Phase Entry (Per Country): $2,000–$5,000
- Local Agents and Translations: Uncertain; may easily increase $1,000–$3,000 for each nation
International patenting can very much cost over $100,000 based on the number of countries you intend to cover.
Issues That Impact Cost of a Patent
- Complexity of Invention
- A simple machine invention will be cheaper to patent than a very complex computer code or biotechnology process.
- Quantity of Claims and Pages
- The more pages and claims your patent application contains, the greater the fees (government and attorney).
- Number of Revisions and Office Actions
- When the USPTO rejects your application or requests revisions, anticipate additional attorney expense.
- Speed of Filing
- Fast processing (Track One in the U.S.) is an additional ~$4,000.
- Geographic Scope
Patenting in certain jurisdictions doubles the expense with filing fees, attorney fees, translation, and maintenance fees.
How to Save the Cost of Patenting
Patent fees do not have to be money-busters. Do the following on saving:
- Start with a professional patent search to confirm your idea.
- Provisional patents have a low start fee (~$75 to file), buying 12 months prior to a full application.
- Use micro- or small-entity status if eligible to take advantage of lower USPTO fees.
- Strategize claims carefully—over-cramming an application with too many claims is expensive.
- Keep unnecessary foreign filings to a minimum unless your market requires otherwise.
- Act quickly on office actions to minimize delays and extra legal costs.
- Bundle design patents together if you’re patenting multiple versions of the same product.
Conclusion
The expense of patenting a discovery is widely varied, based on your goals, the complexity of your invention, and the countries in which you desire protection. While you may spend $1,000–$2,000 yourself for a minor design patent, complete protection for a high-tech discovery by the instrument of a utility patent—particularly abroad—can cost more than $100,000 over the term of the patent.
Although costly, long-term benefit from protection of your invention by patenting—i.e., continued competitive edge, ease of licensability, or availability of funds—is potentially an offset to upfront costs. Conservative planning, cost budgeting, and the advice of experienced patent specialists can ensure expenses are minimized and maximum return on investment is maximized.
Intellectual Property Rights Faq
Q1: How much does it cost to patent something in the U.S.?
Ans) A utility patent would be $5,000 to $20,000, depending on complexity and attorney’s fees. A design patent would cost $1,000 to $3,000.
Q2: Do I need a patent?
Ans) It will all just be a matter of what you’re trying to accomplish with it. If your invention has business potential or involves your business, then it will be worth the expense to get a patent.
Q3: May I sue in my own name pro se to be economical?
Ans) You may sue pro se, but at your risk unless you know what you are doing. Your poorly written patent is worthless or questionable.
Q4: How much does it cost, and what is a provisional patent?
Ans) A provisional patent is a provisional patent that will give you a 12-month’ priority date. You pay minimal fees (from $75) and have less formality.
Q5: Are design patents fee-liable to maintain?
Ans) No, American design patents don’t have a maintenance fee. Utility patents do.
Q6: How costly are foreign patents?
Ans) International patenting will run between $10,000 and over $100,000, depending upon the number of foreign countries you patent and how hard it is to patent the thing.
Q7: How many years until you can get a patent?
Ans) In the US, the norm is 1 to 3 years. Accelerated programs (such as Track One) can