“How much is a patent?” is among the common questions we get from most inventors, small businesses, and companies. To help you make informed decisions, our patent attorneys share the total cost of acquiring patents, so you can protect your inventions and plan your budget effectively.
Patent Process Rates: How Much Is a Patent?
While the patent cost depends on the invention’s type and complexity, the typical patent cost for a design or utility patent process will range between $1,000 and $20,000. Drafting provisional patent applications is cheaper than utility patent applications. Additionally, design patent costs are generally less expensive.
These tens of thousands of dollars hinge on how much of the patent process you decide to do yourself and the extent of the process to which you utilize a patent attorney. Note that the figures mentioned in the following tables come from the patent filing fees of the USPTO as of July 2024.
Application Filing Fees
The Patent and Trademark Office (USPTO) is the government agency that administers patents and applications and makes determinations for inventors, companies, and businesses.
It classifies companies and other entities applying for patents in three categories: micro entity, small entity, and regular entity. The USPTO rates vary depending on which entity you fall into when processing patents.
Types of Entities
A micro entity may have a maximum qualifying gross income of $241,830 and have previously submitted no more than four utility (non-provisional) applications to be eligible to receive the micro entity discount rate.
A small business has the following two requirements:
- It is either a nonprofit organization or does not, together with affiliates, have 500 or fewer employees; and
- Has not assigned, licensed, or otherwise conveyed an interest in the invention to a non-small entity.
The Patent Office has four different categories of concerns that qualify as a “small entity”:
- A university;
- A nonprofit organization;
- An individual inventor, or
- A small business concern.
Other entities fall within the regular entity classification. This means these entities must pay the full rates.
Provisional Patent Application Fees
A provisional patent application is an informal patent application. It allows you to prepare and file an application without any type of formal oath or declaration. It reserves the date you file and grants you patent-pending status.
Here are the specific fees you may need to pay:
| Type | Micro Entity Fee | Small Entity Fee | Regular Fee |
| Provisional application fee | 300.00 | 120.00 | 60.00 |
Non-Provisional Patent Application Costs
A non-provisional patent application is a formal application submitted to the USPTO for your invention or idea. Utility patents prohibit others from making, using, or selling the instruction or functionality of your idea without your authorization. Unlike utility patents, design patents protect the way something looks. For example, you want to protect your shoe design or patent a new golf invention.
Below is a chart of the basic rates for the different types of patents.
| Type | Regular Fee | Small Entity Fee | Micro Entity Fee |
| Utility patent | 320.00 | 128.00 | 64.00 |
| Design patent | 220.00 | 88.00 | 44.00 |
| Plant patent | 220.00 | 88.00 | 44.00 |
Late application filings also cost around $12 to $60. When you have more than 20 claims in your application, then you must pay between $25 to $100 for each additional claim.
Patent Search Rates
Whether you’re in the field of technology, medicine, or cosmetic products, patent searches need to be conducted by the examiner to look for prior art. As part of the application review process, patent searches for prior art will aid the examiner in determining whether or not your invention or idea has not been published out there, or truly novel enough.
Our patent lawyers can conduct a search for prior art within the United States Patent and Trademark Office’s various patent databases. Patent attorneys are much more experienced with databases.
The Patent Office also charges for conducting its own patent searches:
| Type | Regular Fee | Small Entity Fee | Micro Entity Fee |
| Utility patent search fee | 700.00 | 280.00 | 140.00 |
| Design patents search fee | 160.00 | 64.00 | 32.00 |
| Plant search fee | 440.00 | 176.00 | 88.00 |
Patent Examination Rates
The USPTO will charge an examination fee for conducting its patent examinations for approval. Below are the current costs for examining patents:
| Type | Regular Fee | Small Entity Fee | Micro Entity Fee |
| Utility examination fee | 800.00 | 320.00 | 160.00 |
| Design examination fee | 640.00 | 256.00 | 128.00 |
| Plant examination fee | 660.00 | 264.00 | 132.00 |
Patent Attorney Charges
A significant part of the patent cost analysis is the cost of a registered patent attorney. Without an attorney, preparing and filing your own patent can be a daunting task.
Most legal teams also have technical expertise in different fields, including technology, consumer products, and pharmaceuticals. Our intellectual property attorneys are experienced in drafting applications in a way that will allow your own patent application process to have a greater likelihood of success in getting approval.
Despite the extra cost of employing an attorney for your application process, a patent attorney can generally assist you in the following areas:
- Prior art searches, analysis of the searches, and related discussions.
- Preparation of applications.
- Preparation of response to office actions by an examiner.
- Payment of issuance and maintenance costs.
- Review and analysis of correspondence and discussions related to this correspondence.
Related Questions
Why Is a Patent So Expensive?
Patents are expensive due to the complex legal process and professional rates involved, with the cost to file ranging from thousands to tens of thousands of dollars depending if you filed for a global patent, or on the complexity and type. For example, small entities may qualify for reduced rates, although the final cost remains significant due to attorney costs and potential office action responses.
Do Patents Expire?
Patents do expire after a set period, typically 20 years from the filing date for utility patents, after which companies can use the previously protected ideas without infringing. This expiration encourages inventors to continue innovating while allowing society to benefit from older inventions entering the public domain.
What Is the Cheapest Way to Get a Patent?
The cheapest way to get a patent is to file an application yourself, which can cost as little as a few hundred dollars. However, this approach to getting the patent issued is prone to several rejections and may not provide adequate patent protection, which may lead to financial losses in the long run.
Conclusion
Having an idea about the final patent cost empowers individuals, inventors, and companies to navigate the complex landscape of intellectual property law with confidence and strategic foresight. Our attorneys can guide you in preparing your budget to file a patent to secure the necessary protection for your invention, idea, company, and income.
