App Patent Cost Breakdown: What You Should Know

Key Takeaways

• The total app patent cost ranges from $8,000 to $25,000, depending on complexity, type of application, and attorney involvement.
• Provisional applications are typically the most affordable option, costing $2,000–$5,000, while non-provisional applications can exceed $15,000 for complex apps.
• Patent searches, drafting, and examination fees contribute significantly to total costs.
• Software-based inventions may face extra expenses due to the USPTO’s stricter subject matter eligibility reviews.
• Understanding patent types—utility, design, or provisional—can help app developers budget more accurately.
• International filings and ongoing maintenance fees can increase long-term costs.
• Hiring a qualified patent attorney helps ensure compliance and may prevent costly rejections or re-filings.

What Is Patenting a Mobile App?

A patent gives you the right to keep others from building or selling your work. A patent can be supplied for a software process but not the code itself. Because the patenting process can be long and expensive, you’ll need to manage your costs, especially when dealing with mobile apps (apps for iPhone, Android, the web, etc.). One of the best methods for safeguarding your app idea is a provisional patent application. The provisional patent application is an introductory application that secures a filing date for your application and means that you can begin exploring the market without others beating you to the patent office. You might think of the provisional patent application as a placeholder that secures your place in line at the patent office.

Since every app is unique, a typical provisional patent application for a mobile app might cost between $2,000 and $5,000 to organize and file.

Patenting a mobile app generally is a lengthy, difficult, and costly process. Since there are phases of the patent application process, you have the chance to review the costs over several years while concurrently exploring the product value. This lets you gauge the potential worth of your patent during the patent process.

Factors That Influence App Patent Cost

Several factors determine how much it costs to patent an app, and understanding them helps developers budget effectively. Common cost drivers include:

1. Complexity of the App:
   Apps that involve unique algorithms, multi-platform functionality, or integrations with hardware require more detailed specifications, which raises legal drafting costs.
2. Type of Patent Application:
   • Provisional patents are less expensive and serve as a temporary filing to secure a priority date.
   • Non-provisional patents require a formal claim structure and detailed drawings, which can significantly increase costs.
   • Design patents are cheaper but only protect the visual elements of the app’s interface.
3. Attorney Expertise and Fees:
   Patent attorneys with software specialization may charge $250–$600 per hour, leading to total professional fees between $8,000 and $18,000 for a complete filing.
4. USPTO Filing Fees:
   Filing fees vary based on entity size:
   • Micro entity: ~$400
   • Small entity: ~$800
   • Large entity: ~$1,600
     These costs can increase with additional claims or expedited processing requests.
5. Patent Search and Prior Art Analysis:
   A professional patent search typically costs $1,000–$3,000, helping determine whether your app concept is novel and patentable.
6. International Protection:
   Filing abroad through the Patent Cooperation Treaty (PCT) can add $10,000–$20,000 in translation and foreign agent fees if you wish to protect the app in multiple countries.

How Much Does a Patent Cost?

The fee to obtain a patent is just a part of the entire patent process that inventors should take into account. Additional elements that add to the cost are:

• Revising
• Prosecuting
• Issuing
• Sustaining a patent

Estimating U.S. patent prices is difficult because a lot is determined by the knowledge involved. It's important to know that the very nature of patenting an invention implies that you must have provided one distinction from any prior works. There are challenges inherent in the description of what makes an invention distinctive, and the legislation is becoming more sophisticated.

The federal government filing fees of $730 are the minimum for small entities, which is how most inventors and small businesses will likely be characterized. For micro-entities, the fees could be $400 at a minimum. Filing fees can and do get bigger, depending on the variety of claims in the application. Legal fees for help with a filing can range from $5,000 to $7,000. For extremely advanced inventions, legal fees may go from $14,000 to $16,000 and $2,000 to $2,500 for a patent search.

Software innovations might cost a minimum of $16,000 for legal fees, and a patent search may range in price from $2,500 to $3,000.

Searches performed by knowledgeable patent searchers can range in cost from $1,000 to $3,000, depending upon the following:

• The amount of written evaluation you wish to obtain
• The complexity of the invention
• The amount of prior art

Paying for a reliable patent search with a written evaluation by a patent lawyer is the best initial investment for an inventor.

Given the excessive prices related to acquiring a patent, some inventors skip this step, do it themselves, or search for deep-discount suppliers, many of whom aren't patent attorneys or patent brokers.

Detailed Cost Breakdown for App Patents

The app patent cost depends on which stage of the process you’re in and how much legal support you need:

The entire process can span 2 to 5 years, depending on USPTO workload and whether your application faces rejections. Developers often begin with a provisional application to minimize initial costs while testing the market’s viability.

Is It Even Patentable?

Before you start a patent application, it is very important to find out what can and cannot be patented. The U.S. Patent and Trademark Organization (USPTO) has particular rules that must be met before a patent application is eligible for protection. For example, they will look to see whether or not the invention (your app) has ever been patented or printed before. If a patent has already been issued in the past, you cannot move forward.

It’s a good idea to start the patent application process by creating a keyword map that lists out all phrases and peripheral topics associated with your idea. Once you have a list of phrases and keywords, you should then search those terms in the U.S. Patent Classification Index. Then, figure out the relevancy of the category/subclasses by utilizing the Classification Schedule within the Manual of Classification.

Software Patent Eligibility and Common Challenges

One of the most complex aspects of app patenting is proving patent eligibility under U.S. law. The USPTO and courts apply strict standards to determine whether software innovations qualify as patentable subject matter.

• Abstract Ideas: Apps that simply automate known human processes or use generic computer operations often face rejections for being “abstract ideas.”
• Technical Improvements: Your app must demonstrate a specific technological improvement—such as a novel data processing method, encryption system, or AI-driven interface—to qualify for protection.
• Examples of Patentable Features:
  • A new way of compressing or encrypting data
  • A unique user authentication process
  • A novel server-client data exchange protocol
  • Machine learning techniques improving performance or accuracy

Developers should clearly document how their app solves a technical problem rather than just describing its business purpose. Early consultation with a patent attorney can clarify whether your software-based innovation meets eligibility criteria.

Patents and Licensing for Open-Source Software

A lot of mobile applications distribute their software via open-source, which means the code is open to be used and adjusted. Licensing or patenting open-source software refers to a process through which manufacturers make a selected supply code or design accessible by others under outlined conditions and situations. The one distinction is that, without a patent, the developer has no management over what apps are distributed through open-source licensing. In principle, another developer can modify and resell your app without providing you with any compensation.

Managing App Patents and Licensing Rights

When your app incorporates third-party or open-source code, it’s crucial to balance patent protection with compliance. Failing to honor open-source licenses can invalidate patent rights or expose you to infringement claims.

• Open-Source Compliance: Review the license terms (e.g., MIT, GPL, Apache) to determine if derivative works can be patented. Some licenses require that any modifications remain freely available.
• Licensing Strategy: If your app includes proprietary algorithms layered on open-source elements, you can still patent those unique aspects.
• Technology Transfer and Licensing: You can monetize your app patent by licensing the technology to other developers, startups, or corporations. Licensing revenue often offsets high patenting costs.
• Defensive Patents: Many tech companies use patents defensively—to prevent lawsuits or block competitors from copying core technology.

Frequently Asked Questions

1. How much does it cost to patent an app in 2025?
   Expect total costs between $8,000 and $25,000, depending on app complexity, patent type, and attorney involvement.
2. Can I patent my app idea for free?
   No. While you can file a provisional patent yourself for as little as $60–$150 in government fees, professional drafting is highly recommended to avoid rejection.
3. How long does the app patent process take?
   It usually takes 2–5 years for a non-provisional app patent to be granted, depending on USPTO backlog and examination complexity.
4. Are mobile app patents worth it?
   If your app contains unique technical functionality or a proprietary algorithm, a patent can protect your intellectual property and attract investors.
5. What’s the difference between copyrighting and patenting an app?
   Copyright protects your app’s code and design, while a patent protects how the app works—its systems, processes, and methods.

If you need help patenting a mobile app, 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.