Key Takeaways

  • Filing a patent yourself may cost as little as $900 in USPTO fees, but professional help can raise the total cost to $5,000–$20,000+ depending on complexity.
  • Provisional applications are a low-cost way to secure a filing date, often starting at $60–$150 in USPTO fees, with attorney costs ranging from $2,000–$6,000.
  • Utility patents are the most common and expensive; software, biotech, and complex mechanical inventions require more preparation and cost more.
  • Additional costs may include maintenance fees, office action responses, international filings, and design modifications.
  • A patent search is a crucial step and typically costs $1,000–$3,000 depending on complexity.
  • Filing internationally via the Patent Cooperation Treaty (PCT) significantly increases costs due to translations, foreign counsel, and filing fees.

How Much Does It Cost to Patent a Product?

It's important to understand the costs of filing a patent, and why you should consult an attorney for the process. There are two ways to patent an idea. The first is to write and file your own patent, which costs about $900 in fees to the United States Patent and Trademark Office. The second way is to hire an attorney or patent agent to write and process the forms for you. The attorney fees typically cost between $5,000 to $10,000.

The most common type of patents are utility patents, and most of the cost comes from attorney fees for preparing the application. Most people find it worth the expense, as the patent application process is detailed and lengthy.

The Cost of Patenting an Idea

To even patent an invention, you must have a unique idea or technology that doesn't overlap with earlier patents. Furthermore, the law keeps getting more complicated as to what makes an invention unique.

The technology of the invention makes a big difference in the final cost of the patent. Other factors include:

  • Attorney fees
  • The invention's marketability
  • What you want to do with the patent
  • Geographical application of the patent

If the patent is, in fact, marketable, you should expect to pay more to file the patent, since you want to make sure the result of the application is a strong patent.

In determining costs, the type of invention and its complexity are the most important considerations. Most inventions from independent inventors are relatively simple to slightly complex. Electronic devices tend to be moderate to relatively complex. Software inventions are usually highly complex and often require a high level of technical detail in the patent application.

In the biotechnology and software sectors, most patent ideas are not tangible. Therefore, start-ups in these industries pay around twice as much to apply for patents for their entire portfolio.

Unfortunately, in all sectors, only 3 percent of patents generate more revenue than the cost to get the patent. This statistic should make people and businesses cautious about what they decide to try to patent.

Non-Provisional Patent Application

These applications are necessary to receive a patent. The attorney fees for a non-provisional patent application can range from $5,000 to upwards of $15,000.

Intellectual Property

When patenting intellectual property, a person or company should budget more for the cost of the application. It's necessary to get broad patent protection or you could risk losing funding from investors.

Factors That Influence Patent Costs

The total cost of patenting an idea varies significantly based on several key factors. Beyond attorney fees and USPTO filing fees, inventors should consider:

  • Complexity of the invention: The more complex your invention—particularly in fields like biotech or software—the more detail and legal expertise your application will require.
  • Type of patent: Utility patents generally cost the most, followed by design and then provisional patents.
  • Size of the filing entity: The USPTO offers reduced rates for small and micro entities, which can cut official fees by 50%–75%.
  • Number of claims and pages: Applications exceeding 100 pages or 20 claims (3 independent claims) may incur extra fees.
  • Office actions and rejections: Responding to USPTO rejections can cost hundreds to thousands per response if handled by an attorney.
  • Foreign filings: Seeking protection outside the U.S. involves additional legal, translation, and filing expenses.

Taking all of this into account is critical when evaluating how much it costs to patent an idea and preparing a realistic budget.

Patent Searches

Patent applications are expensive, and one place where people and businesses try to cut costs is to skip the patent search. This integral step should never be skipped because it lets the applicant know whether it's a good idea to pursue a patent.

A patent search aims to reach an 80 percent confidence threshold. It is usually cost prohibitive to reach a higher confidence threshold. To reach near certainty could cost millions of dollars. Also, applications filed within the last 18 months are required by law to be kept secret so they can't be found regardless.

Patent attorneys can find prior patents and pending applications, which are difficult for someone to find on their own. You may want to consider completing a simple patent search first but rely on a patent attorney to do a professional search. It's worth the money to receive a written analysis from a patent attorney.

The cost of a professional patent search ranges from $1,000 to $3,000 depending on:

  • How much analysis you want
  • How complex your invention is
  • Amount of prior art discovered

This search could decide the rest of the patent process, but it could also show that there isn't much opportunity to receive a patent to suit your needs. Finding out this information early can save thousands of dollars.

Provisional Patent Applications

To save costs, inventors can file a provisional patent application. These types of applications must disclose the entire invention, but this type of application is easier to prepare due to reduced formalities. The attorney fees for a provisional patent application usually cost about $2,000 with a filing fee of about $130. You should also expect to pay about $100 per page for drawings.

The complexity of the invention and the technology all contribute to the final cost of a provisional patent application. For computer or software technology, the cost will be closer to $6,000 for attorney fees. These types of applications need much more information to describe the architecture, algorithms, and sub-routines involved in technology.

If you decide to pursue a provisional patent application, watch out for these three things:

  1. Make sure the application meets the requirements of 35 U.S.C. 112. These requirements include describing the components, connections, and operation of the invention.
  2. Avoid using restrictive words in your written description like "essential," "must," or "necessary."
  3. Your descriptions should be accurate but broad. Use generic terms when possible such as "fastener" as opposed to "nail."

Design Patents and Their Costs

Design patents protect the ornamental appearance of an object rather than its functional aspects. They are generally simpler to prepare and cost less than utility patents.

  • USPTO Filing Fees: $50 to $240 depending on entity size.
  • Attorney Fees: $1,500 to $3,000, depending on the complexity and drawing requirements.
  • Drawings: May cost $300 to $500+ if outsourced to a professional illustrator.

Design patents last 15 years from the grant date and do not require maintenance fees, making them more affordable to maintain over time.

Estimated Patent Cost

  • The attorney fees for a simple invention such as an electrical switch, paper clip, coat hanger, diapers, earmuffs, or ice-cube tray range from $5,000 to $7,000. A patent search with an opinion is around $1,000.
  • The attorney fees for a relatively simple invention such as an umbrella or board game range from $7,000 to $8,500 with costs for a patent search with opinion at around $1,250.
  • For a minimally complex invention such as a camera, lawnmower, or power hand tool, the attorney costs are between $8,500 to $10,000 with the patent search with opinion costing closer to $1,500.
  • A moderately complex invention includes cell phones and riding lawn mowers with the attorney fees ranging from $10,000 to $12,000. The patent search with opinion ranges from $1,500 to $1,750.
  • The attorney fees for a relatively complex invention can cost from $12,000 to $14,000 with a patent search and opinion costing as much as $2,000. An example of this type of invention includes a shock-absorbing prosthetic device.
  • Highly complex inventions include software, business methods, and automated systems. These fees start at $16,000. The patent search with attorney opinion ranges from $2,500 to $3,000

Post-Filing and Maintenance Costs

Once your patent application is filed, you may still incur significant additional costs:

  • Office Action Responses: If the USPTO examiner rejects part of your application, responding (especially with legal help) may cost $500 to $5,000 per action.
  • Issue Fees: Once approved, you must pay an issue fee ranging from $250 to $1,200, depending on entity size and patent type.
  • Maintenance Fees for Utility Patents: To keep your patent in force for its 20-year lifespan, you must pay:
    • At 3.5 years: $400–$2,000
    • At 7.5 years: $900–$3,760
    • At 11.5 years: $1,850–$7,700

These costs are essential to consider when calculating how much it costs to patent an idea over its full lifecycle.

International Patent Costs

If you're seeking patent protection outside the U.S., your costs will increase considerably. Most inventors file under the Patent Cooperation Treaty (PCT), which allows one initial international application to be filed.

Typical costs include:

  • PCT Filing Fees: $1,200–$1,500
  • Search Fees: $400–$2,200 depending on the International Search Authority
  • Transmittal Fees: $50–$400
  • Attorney Fees: $100–$500/hour for international counsel
  • Translation & Filing in Foreign Countries: Varies widely, with full costs per country often ranging from $10,000–$25,000+ depending on complexity and maintenance.

Given the high expense and legal complexity, working with a qualified patent attorney with international experience is highly recommended.

Frequently Asked Questions

How much does it cost to patent an idea yourself?

If you file a provisional patent application on your own, the cost may be as low as $60–$150 for USPTO filing fees. However, the cost increases with complexity, professional drawings, and when transitioning to a utility patent.

What’s the cheapest way to get a patent?

Filing a provisional patent application yourself and avoiding attorney fees is the most affordable route. Still, this comes with risks of rejection if the application isn’t properly prepared.

Are there ongoing costs after a patent is granted?

Yes. Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years. Additionally, costs may arise from office action responses, amendments, and potential enforcement.

Can I patent an idea globally?

There’s no such thing as a “global patent,” but you can file internationally using the Patent Cooperation Treaty (PCT). This is more costly and involves local filings in each country where protection is desired.

Is it worth hiring a patent attorney?

In most cases, yes. Attorneys can improve your patent's strength and reduce risks of rejection. Though it adds to the initial cost, it often leads to a more secure and enforceable patent.

If you need help understanding the costs of filing a patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.