Key Takeaways

  • Patent costs vary widely based on the type of patent, complexity of the invention, and legal fees.
  • A provisional patent is a lower-cost, temporary option that provides protection for 12 months.
  • A utility patent is the most expensive but provides long-term intellectual property protection.
  • Design patents protect only the appearance of an invention and are generally cheaper than utility patents.
  • International patent applications significantly increase costs due to translation fees, government filing fees, and attorney fees in multiple jurisdictions.
  • Patent maintenance fees are required at 3.5, 7.5, and 11.5 years to keep the patent valid.
  • The cost of responding to USPTO office actions after a patent application is filed can add thousands of dollars to the total expenses.
  • Hiring a patent attorney increases costs but improves the chances of obtaining a strong, enforceable patent.
  • Alternatives such as patent search services and patent drafting software can help reduce costs.

How Much Does it Cost?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers.

A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

The Hidden Costs of Patenting

While upfront filing fees with the United States Patent and Trademark Office (USPTO) are clearly defined, inventors should anticipate additional costs, including:

  • Patent prosecution fees: Responses to USPTO office actions can cost $1,000 to $5,000 or more per round.
  • Patent drawings: High-quality professional drawings typically add $300 to $1,000 to an application.
  • Patent searches: A professional patentability search ranges from $1,000 to $3,000.
  • Prototype development: If required for proof of concept, prototype costs can range from a few hundred to tens of thousands of dollars.
  • Post-grant proceedings: If your patent is challenged, defending it can cost tens of thousands of dollars.

The Cost of Each Patent Application Type

Before you can think about patent costs, you must come up with a unique product idea that doesn't copy prior art. Prior art is any idea or product that already exists. After you have an original idea, you are ready to file a patent application.

The cost of filing a patent application can usually be divided into three parts: United States Patent and Trademark Office (USPTO) filing fees, lawyer fees, and drawing fees.

When you think about how simple or how complex ideas and inventions can be, you can understand why patents have different costs. More complex inventions cost more to patent than simpler designs. Patent lawyers can give you more exact estimates after they review your invention.

Patent costs vary based on many factors, including the patent application type. You'll find two key types of patent applications: a provisional patent application and a non-provisional patent (also called an utility patent application).

Provisional Patent Application

Think of a provisional patent application as a preliminary patent.

After you successfully file a provisional patent application, you have one year to file for a non-provisional patent.

Although a provisional patent isn't considered a true patent, it protects your intellectual property for 12 months the way a non-provisional patent would.

Filing a provisional patent application can cost as low as $65. However, provisional patent applications typically cost between $5,000 and $9,000 plus legal fees.

Non-Provisional Patent Application

A non-provisional patent (also called a utility patent) is a full patent which protects an inventor's intellectual property for as long as the patent is in effect.

Filing a non-provisional patent application is more expensive and costs about $900. This total also includes search and review as well as examination fees which cost around $220. Once you add legal fees, non-provisional patents usually cost between $8,000 and $15,000 or more.

Filing a non-provisional patent with lawyer fees will usually cost the following for each invention type:

  • An extremely simple invention, such as a paper clip or coat hanger, will cost between $5,000 and $7,000.
  • A relatively simple invention, such as a board game or umbrella, will cost between $7,000 and $8,500.
  • A minimally complex invention, such as a power hand tool or camera, will cost between $8,500 and $10,000.
  • A moderately complex invention, such as a ride-on lawn mower or a cell phone, will cost between $10,000 and $12,000.
  • A relatively complex invention, such as a shock-absorbing prosthetic product, will cost between $12,000 and $14,000.
  • A highly complex invention, such as an MRI scanner or satellite technology, will cost between $14,000 and $16,000.
  • A software-related invention, such as an automated system or a business program, will cost more than $16,000.

Design Patent

A design patent is another, more limited, patent option which protects a product's unique appearance only.

Design patents are commonly used to protect apparel and fashion pieces, the shape of medical products, and the way manufactured goods look. A fashion house might patent a handbag to make sure competitors don't copy the bag's design features.

With legal fees for preparation and filing, getting a design patent usually costs between $2,500 and $3,000 including a $140 examination fee.

Plant Patent

A plant patent is one that people who discover and reproduce a plant can use. This plant can't be grown by tubers, types of underground plant storage structures, or found in an uncultivated state.

Filing a plant patent application costs between $360 and $720. The examination fees for a plant patent are $170. Including these costs, legal fees, and other charges, a plant patent typically costs between $4,660 and $7,620.

International Patent Costs

Filing a patent outside the U.S. can be costly due to additional legal and government fees. The Patent Cooperation Treaty (PCT) allows inventors to apply in multiple countries simultaneously but involves:

  • PCT application fees: Typically range from $1,200 to $3,000.
  • International search fees: Vary by country but can range from $400 to $2,200.
  • Translation costs: If filing in non-English-speaking countries, professional translation services can add thousands of dollars.
  • Foreign attorney fees: Legal representation is required in each country where protection is sought.

Factors That Can Affect a Patent's Cost

While the type of patent is the largest part that affects costs, other factors can also play a part:

  • The size of the business or the type of person applying for a patent. Individuals pay less than small businesses. Large firms pay the most for their patents.
  • The invention's technology. If the invention has much technology behind it, it will be more expensive than one that doesn't rely so much on technology.
  • Market opportunities for the invention. In a strong market, inventors will often spend more money to make sure their invention has the best protection.
  • Similar products with patents. In a crowded marketplace, inventors need to make more effort to show that their new products are unique enough to get patents.
  • Geography. Protecting the idea behind an invention in several countries requires more money.

The Role of Patent Complexity in Costs

Certain types of patents require more extensive research, claim drafting, and legal negotiation. Here’s how invention complexity affects costs:

  • Simple mechanical inventions (e.g., a new type of wrench): $5,000 – $7,000
  • Moderately complex software patents (e.g., business method software): $12,000 – $20,000
  • Highly complex pharmaceutical or biotech patents: $20,000 – $50,000 or more, due to extensive research and regulatory considerations.

More Costs Connected With Filing Patents

Most inventors pay other costs to file their patent applications. While the USPTO decides if an invention is original by using its own patent search, many inventors pay between $1,000 and $3,000 for professional patent searches before they send their applications.

A patent search lets inventors know if their ideas are unique enough and worth spending time and money to develop.

A professional patent search with opinion will usually cost the following for each invention type:

  • An extremely or relatively simple invention will cost between $1,000 and $1,250.
  • A minimally complex invention will cost between $1,250 and $1,500.
  • A moderately complex invention will cost between $1,500 and $1,750.
  • A relatively complex invention will cost between $1,750 and $2,000.
  • A highly complex invention will cost between $2,000 and $2,500.
  • A software-related invention will cost between $2,500 and $3,000.

If a patent has more than three claims, an extra $220 applies per claim. When more than 10 claims are present, $52 per claim applies.

Many patent applications include professional drawings. Getting these drawings can typically raise an application's cost by between $300 and $500.

Legal fees may also go higher if a client needs a lot of patent prosecution during the application's patent-pending phase. Prosecution costs can become higher as inventions get more complex. Inventors can expect to spend the following on prosecution costs:

  • $2,500 to $4,000 and above for a basic mechanical invention
  • $3,000 to $7,000 and above for a complex mechanical invention
  • $2,500 to $7,000 for a basic electrical or software invention
  • $3,500 to $7,500 for a complex electrical or software invention

Many patents get rejected after they're filed. Inventors can appeal their cases to reverse the USPTO's decision, but appeals cost more money. Filing a written response usually costs between $2,000 and $5,000. Inventors may speak to patent examiners in person, but a face-to-face meeting also costs several thousands of dollars.

Inventors must also pay maintenance fees every few years to keep their provisional patent valid:

  • $980 after 3 1/2 years
  • $2,480 after 7 1/2 years
  • $4,110 after 11 years

Inventors who change their patents must also pay amendment fees. With new legal fees, amendments usually cost between $2,200 and $3,500.

Inventors may also face other fees during their patents' prosecution and 20-year terms, including:

  • Extension-of-time fees
  • Post-issuance fees
  • Financial service (administrative) fees
  • Trademark processing fees

Ongoing Maintenance Fees

Even after a patent is granted, the USPTO requires maintenance fees at specific intervals to keep the patent active:

  • 3.5 years after issuance: $980 for small entities, $2,460 for large entities
  • 7.5 years after issuance: $2,480 for small entities, $6,140 for large entities
  • 11.5 years after issuance: $4,110 for small entities, $12,700 for large entities

Failure to pay these fees results in the expiration of the patent.

Example of Costs for a Patent

With so many costs, you might not understand how much a patent might cost for a company. Imagine an inventor with a small startup firm wants to patent a unique alarm clock. This inventor might expect the following costs:

  • Patent search with a lawyer's opinion: $2,000
  • Creating and filing a provisional patent application: $2,500
  • Filing the utility patent with the USPTO: $130 (cost for small entity)
  • Non-provisional patent application based off provisional filing: $10,500
  • Filing fee to the USPTO for non-provisional patent application: $800 (cost for small entity)
  • Professional illustrations for non-provisional patent application: $400
  • Total cost: $16,330

The inventor here could have saved $130 by skipping the provisional patent application, but the person wanted the 12-month period for more market research to refine the design.

Real-World Example: The Cost of a Tech Patent

Imagine an entrepreneur developing a mobile health tracking application that integrates AI for personalized fitness recommendations. Here’s an estimated breakdown of costs:

  • Patent search with legal opinion: $3,000
  • Provisional patent application: $2,500
  • Non-provisional patent drafting and filing: $12,000
  • USPTO filing fees (small entity): $800
  • Professional drawings: $500
  • Response to one USPTO office action: $3,000
  • Total estimated cost: $21,800

This illustrates how tech-based patents, particularly those involving software and AI, can be significantly more expensive due to examination challenges and legal complexity.

The Importance of Hiring a Patent Lawyer

Small mistakes in a patent application can significantly reduce the chances of approval. Patent lawyers undergo extensive training in intellectual property law and often have technical backgrounds in fields such as biotechnology, engineering, or computer science. Their expertise allows them to:

  • Properly draft patent claims that provide strong legal protection.
  • Navigate the complex USPTO filing process to minimize rejections.
  • Identify and address potential legal issues before filing.
  • Handle communications and negotiations with patent examiners.

While hiring a patent lawyer comes with additional costs, their guidance can save you time, prevent costly mistakes, and improve the likelihood of securing a strong patent.

The Benefits of Filing a Provisional Patent First

A provisional patent application offers a cost-effective way to protect your invention while you finalize your product or conduct market research. It provides 12 months of protection, allowing inventors to:

  • Further develop and refine their invention.
  • Conduct market testing before committing to a full patent.
  • Secure an earlier filing date while deferring higher costs.
  • Seek investors or business partnerships without losing rights to their invention.

After this period, inventors must file a non-provisional patent application to obtain full patent protection.

How to Reduce Patent Legal Costs

Hiring a patent attorney can be expensive, but there are ways to minimize legal fees:

  • Prepare your own application: Many inventors choose to draft their application and have a lawyer review it before submission, which can significantly cut costs.
  • Conduct a preliminary patent search: Researching existing patents before consulting a lawyer helps determine the uniqueness of your invention and reduces billable attorney hours.
  • Compare legal fees: Prices vary among patent lawyers, so obtaining multiple quotes can help you find the best value.
  • Use flat-fee services: Some patent attorneys offer flat-rate pricing for certain aspects of the application process, providing cost predictability.

Should You Consider a Trademark?

While patents protect the function and structure of an invention, trademarks safeguard brand names, logos, and symbols. A trademark can help:

  • Prevent competitors from using a similar name that could confuse consumers.
  • Increase brand recognition and business credibility.
  • Add value to licensing deals or business acquisitions.

In the U.S., trademarks must generally be used in interstate commerce before they can be registered. Once a trademark application is approved—typically within 10 to 14 months—businesses can use the ® symbol to indicate federal registration.

Both patents and trademarks play essential roles in protecting a business’s intellectual property, and many inventors benefit from securing both forms of protection.

Frequently Asked Questions

1. How can I reduce patent costs?

  • Conduct a preliminary patent search yourself before hiring a professional.
  • Consider filing a provisional patent first to delay high costs while you refine your invention.
  • Work with a flat-fee patent attorney to avoid unpredictable legal bills.
  • Reduce the number of claims in your application to lower filing fees.

2. Are software patents more expensive?

Yes. Software patents often require extensive legal drafting to ensure enforceability, and they are more likely to face USPTO rejections. Expect total costs above $15,000.

3. What happens if I don’t pay maintenance fees?

If you fail to pay the required maintenance fees, your patent expires, meaning your invention enters the public domain, and competitors can use it freely.

4. Is getting a patent always worth the cost?

It depends on your market potential. If your invention has high commercial value or you plan to license it, a patent can generate significant revenue. Otherwise, consider whether trade secrets or trademarks offer better protection.

5. How long does it take to get a patent?

  • Provisional patent: Immediate pending status, but expires in 12 months.
  • Utility patent: The average time to approval is 24–36 months, depending on complexity.
  • Fast-track examination: Available for an extra fee, reducing time to 6–12 months.

Getting clear information about the costs involved with establishing a patent can help inventors better manage their budgets when developing new products. A patent lawyer can help you gain a clearer picture of all costs for getting a patent. To learn more about the costs of getting a patent or starting the process, post your legal need here to get free custom quotes from patent lawyers. UpCounsel screens for the top 5% of patent lawyers who are familiar with the patent process.