How Much Does a Patent Cost? Filing Fees, Legal Costs, and What to Expect

Why Patent Costs Matter

Patents are one of the most complex and costly parts of intellectual property law. Filing a patent is a strategic investment. From government filing fees to attorney expenses and long-term maintenance costs, the total expense can quickly grow.

As explained in our guides on conducting a patent search and filing a patent application with a patent attorney, early-stage decisions are crucial. Mistakes made at the beginning often lead to costly corrections later.

Understanding the fee structure, key milestones, and where you can save helps you plan strategically. Most importantly, knowing when to hire the right attorney – not just the cheapest – can determine whether your patent process is smooth or filled with unnecessary delays and rejections.

This article breaks down:

• The types of fees involved in filing a patent
• How and when those fees are paid
• Cost differences between utility and design patents
• Strategic budgeting tips to avoid overpaying
  

Utility vs. Design Patents: Cost Differences

What Is a Utility Patent?

A utility patent protects how something works, what it does, or how it’s made. It typically involves higher complexity and cost, both at filing and in long-term maintenance.

You’ll also need to pay maintenance fees at 3.5, 7.5, and 11.5 years after your patent is granted.

What Is a Design Patent?

A design patent protects only the appearance of a product, not its function. These are generally less expensive, quicker to obtain, and do not require post-grant maintenance fees.

If you’re unsure whether you need a utility patent, a design patent, or both, consult with a qualified patent attorney early. In many cases, filing both types may provide broader protection.

The 4 Main Types of Patent Fees

1. USPTO Filing Fees

These are paid when submitting your application and include:

• Basic Filing Fee
• Search Fee
• Examination Fee

Additional fees may apply for excess claims or pages.

Common Fee Ranges:

• Provisional Application: $60–$300 (based on entity size)
• Non-Provisional Application: $400–$1,720 plus per-claim fees
• Design Patent Application: $260–$1,030

Fee reductions apply for small and micro entities.

2. Patent Search and Drafting Fees

These costs vary based on the invention’s complexity and attorney experience. Typical ranges:

• Patent Search: From $500
• Provisional Drafting: $1,500–$3,000
• Non-Provisional Drafting: $5,000–$12,000
• Office Action Responses: Varies (flat or hourly)

Hiring an experienced patent attorney helps you avoid weak claims, costly revisions, and procedural delays.

3. Issue and Publication Fees

Once the USPTO approves your application, these final fees apply:

• Design Issue Fee: $1,300 (small: $520, micro: $260)
• Utility Issue Fee: $1,290 (small: $516, micro: $258)

4. Maintenance Fees

Only utility patents require ongoing payments to stay active:

• 3.5 Years: ~$2,150 (small: $860, micro: $430)
• 7.5 Years: ~$4,040 (small: $1,616, micro: $808)
• 11.5 Years: ~$8,280 (small: $3,312, micro: $1,656)

Missing a payment can cause the patent to lapse.

When Do You Pay Patent Fees?

Patent costs come in phases. Understanding the timeline helps with financial planning:

Filing Stage (Day 1)

• Attorney preparation fees
• USPTO filing, search, and examination fees

Prosecution Stage (6–24 Months)

• Fees for responding to office actions or amending claims

Post-Allowance

• Issue and publication fees
• Ongoing maintenance fees at 3.5, 7.5, and 11.5 years

Delays or missed payments can result in surcharges or early expiration of rights.

Patent Cost Example (Utility Patent)

Here’s a typical breakdown over a 20-year period for a small entity with a moderately complex invention:

• USPTO Filing Fees: $730
• Attorney Drafting & Filing: $7,000–$10,000
• Examination: $500–$3,000
• Office Action Responses: $1,000–$3,000
• Issue Fee: $516
• Maintenance Fees: ~$12,000
• Total Estimated Cost: $15,000–$25,000

When Should You Invest in a Patent?

Start With a Provisional If You’re Still Developing

A provisional patent buys you 12 months of “patent pending” status while you refine your product or business strategy.

File a Full Application If You’re Market-Ready

A non-provisional application locks in your rights more effectively, especially if you’re already launching your product.

Either way, consult an experienced patent attorney to avoid vague claims, procedural mistakes, or costly delays.

Legal Strategy and Patent Budgeting

Patents are expensive, and the cost of doing it wrong is even higher. Avoid cutting corners by hiring non-specialist lawyers or relying on budget services.

A high-quality legal partner helps you:

• Craft enforceable claims
• Avoid procedural errors
• Prevent unnecessary office actions
• Maximize the value and lifespan of your patent

Patents Are a Long-Term Strategy

Filing a patent is about more than legal protection – it’s a smart business move. Understand the full cost picture, know your filing status (micro, small, or large), and invest in expert legal guidance from the start.

If you need assistance with filing your patent, don’t hesitate to contact us.