Understanding Patent Registration Fees and Costs

Key Takeaways

• Patent registration fees vary by application type, filing stage, and entity status (large, small, or micro).
• Attorney fees and patent search costs significantly increase the total cost of a patent.
• Fees continue after patent grant with maintenance and renewal charges.
• Cost-saving strategies include filing provisional patents and claiming micro or small entity status.
• Budgeting for international patents or design/plant patents requires separate fee considerations.
• You can find a qualified patent attorney on UpCounsel to guide you through the application and fee process.

Patent Fees: What Are They?

Patent fees relate to the United States Patent and Trademark Office's (USPTO) standard costs for processing patent searches, patent examinations, provisional patent applications, utility patent applications, patent issue, patent maintenance, and appeals.

The patent office charges fees for every action it performs. A standard fee schedule shows the amount you owe. The complete schedule includes the costs for every type of patent and trademark filing. It also includes fees for maintenance, appeals, and other services.

Why Are Patent Office Fees Important?

The USPTO plays an important role in innovation and job creation in the U.S. Over time, several pieces of legislation have been introduced to improve the patent office's power and funding.

• Innovation Protection Act: This bill proposes permanent funding for the USPTO.
• Patent Fee Integrity Act: This bill proposes creating an Innovation Promotion Fund for the USPTO.
• Patents and Trademarks Encourage New Technology Jobs Act: This bill ends the application of sequestration to the USPTO.

Advantages of Patent Office Fees

• They Provide Necessary Funding

The patent office is a fee-funded government agency, so payments are necessary for the agency to provide services.

• They Limit the Number of Patents Filed

Virtually every USPTO service requires a fee, meaning applicants tend not to request unnecessary services. As a result, the patent office can manage its workload.

Disadvantages of Patent Office Fees

• They Encourage More Patent Applications

Affordable fees encourage more applications, which makes more work for the patent office. Cheaper fees can lead to more low-quality patents for low-value inventions.  Also, low fees can encourage "patent trolls," that buy up old patents with the demanding licensing fees from companies that develop subsequent technologies.  Higher fees may discourage some patent owners from maintaining patents for long periods of time. 

• They Require the USPTO to Issue More Patents

The patent fee structure offers relatively low fees for patent applications, but charge higher fees for issuing patents. That means the patent office earns more money from granting patents. Increasing the filing fees and lowering the issue fees could decrease the number of patents that the patent office has to issue to maintain funding.

Patent Office Fee Classifications

The USPTO charges fees based on three classifications:

• Large Entity: This standard fee includes large businesses. It also includes all entities that don't meet the other classifications. Large entities pay the full fee.
• Small Entity: This includes entities that fall under the definition of section 3 of the Small Business Act. Small entities need fewer than 500 employees. This classification can include independent applicants, universities, and some nonprofits. Small entities pay 50 percent of the full fee in almost every category.
• Micro Entity: The USPTO introduced this classification on March 19, 2013, in the America Invents Act. Micro entities have to file a Certification of Micro Entity Status. They have to meet the small entity requirements and several others. They can't be named on more than four previous patent applications. Their gross income has to be less than three times the median household income for the previous year. They can't be under obligation to assign or license to entities that don't meet these requirements. Micro entities pay 25 percent of the full fee in almost every category.

Additional Cost Considerations Beyond USPTO Fees

While the USPTO fee schedule outlines core patent registration fees, applicants should be aware of other common costs associated with patent preparation and prosecution. These include:

• Patent Attorney Fees: Legal assistance is often required to draft and file a strong patent. Attorney costs for a utility patent typically range from $8,000 to $15,000, though more complex inventions can exceed $20,000. Design patents often cost less, averaging between $1,500 and $3,000.
• Patent Search Services: Although the USPTO conducts its own search, applicants may opt for a professional patentability search before filing. These typically range from $300 to $3,000 depending on complexity and provider.
• Drawings and Illustrations: Many applications require formal technical drawings. Fees for professional illustrations usually fall between $300 and $600 per set.
• Translation and Foreign Filing Costs: If you intend to file internationally, costs increase significantly. Filing under the Patent Cooperation Treaty (PCT) can add $3,000 to $5,000 or more, not including translation fees for non-English jurisdictions.

Planning for these costs upfront helps ensure a smoother application process and prevents budget shortfalls during prosecution.

Types of Patent Office Fees

The USPTO issues many types of patent fees. The main types are as follows:

• Patent Application Fees: These are due when you submit a patent application.

• Extension Fees: These grant you more time to respond to an Office Action issued by the patent examiner. You can usually purchase one additional month at a time, but you can't usually purchase more than five additional months. Also, if you want to fight a final rejection of your patent applilcation, you can file for continued examination. The cost is $600.00 for the first filing and $850.00 for subsequent ones.

• Patent Post-Allowance Fees: These are due when your patent is issued.

• Patent Maintenance Fees: These are due throughout the life of your patent. You must pay them to keep your patent active.

Common Strategies to Reduce Patent Registration Fees

Applicants can minimize patent registration fees through careful planning and strategic filing. Here are some of the most effective approaches:

1. Start with a Provisional Patent: This less expensive option (as low as $65 for micro entities) secures an early filing date while delaying the full cost of a utility application.
2. Claim Entity Status Accurately: Ensure you file under the correct classification—micro or small entity—to receive substantial discounts (up to 75%).
3. Avoid Unnecessary Extensions: Responding to Office Actions promptly avoids costly extension fees.
4. Bundle Multiple Claims Wisely: Exceeding the standard number of claims or independent claims leads to additional fees. Draft your claims carefully to minimize excess claims.
5. Leverage Patent Attorney Experience: Hiring an experienced attorney may seem costly, but can reduce errors that lead to rework and refiling—ultimately saving money.
6. Use Electronic Filing: The USPTO offers lower fees for electronic submissions through its EFS-Web system compared to paper filings.

Steps to File Patent Office Fees

1.     Review the Current Fee Schedule

Always review the USPTO fee schedule before filing a payment. Sending the wrong payment could delay your filing.

2.     Complete Transmittal Form

Many payments require a fee transmittal form or other documents. Record your contact information and patent number correctly on each form.

Payment Methods and Fee Waivers

The USPTO provides several convenient payment methods for patent registration fees, including:

• Credit or Debit Card
• Deposit Account (maintained with USPTO)
• Electronic Funds Transfer (EFT)
• Check or Money Order (only for certain paper filings)

Additionally, some applicants may qualify for fee waivers or deferrals in rare cases involving government-funded research, economic hardship, or public interest claims. These must be requested formally and are subject to USPTO review.

Frequently Asked Questions

1. How much does it cost to file a patent in the U.S.?
   Total costs vary widely. Filing fees range from $65 to $720, but with attorney and search fees, a utility patent may cost $10,000 to $20,000 overall.
2. Can I get a discount on patent registration fees?
   Yes. If you qualify as a small or micro entity, you may receive a 50% or 75% discount on most USPTO fees.
3. Are there ongoing costs after my patent is granted?
   Yes. Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years to remain in force.
4. Is it cheaper to file a design patent than a utility patent?
   Generally, yes. Design patent fees and legal preparation costs are significantly lower than for utility patents.
5. Should I hire an attorney for my patent application?
   While not required, hiring a patent attorney improves the quality of your application and can reduce costly mistakes and delays. You can find top-rated patent attorneys on UpCounsel.

If you need help with patent office fees you can post your question or concern 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.