How much does a utility patent cost?

Total costs from filing to grant often run $15,000 to $30,000 for small entities when you include USPTO fees and attorney work. Prosecution, meaning the process of responding to USPTO office actions and examiner rejections, adds cost if the application requires multiple rounds of argument. Maintenance fees at 3.5, 7.5, and 11.5 years add several thousand dollars more over the patent life.

What is the micro entity discount?

Micro entities pay the lowest USPTO fee column, which is roughly half the small entity rate and about one quarter of the large entity rate on filing, search, examination, and maintenance fees. To qualify, you must meet USPTO income thresholds (generally below three times the US median household income), have filed fewer than four previous patent applications, and not be obligated to assign the patent to a large entity.

Should I file provisional or utility first?

A provisional patent application costs significantly less than a full utility filing and immediately establishes a priority date while giving you twelve months of patent pending status to refine the invention, test the market, or seek funding. You must file the non-provisional utility application within twelve months to claim that priority date. Missing the deadline means losing the provisional's filing date entirely.

Do design patents have excess claim fees?

No. Design patent applications use a simplified USPTO fee structure that does not include the per-claim surcharges applied to utility and plant patents. Utility applications over twenty total claims or three independent claims trigger excess claim fees that can add hundreds of dollars to filing cost. Design applications consist of a single claim by definition, so those surcharges do not apply.

When do USPTO fees change?

The USPTO periodically revises its fee schedule through rulemaking, often with changes taking effect in the new fiscal year. Fee increases have been common in recent years as the USPTO funds operations through filing fees. This calculator stores a data retrieval date so you can see when the fee data was last updated. Always verify current amounts directly at USPTO.gov before budgeting or submitting a filing.

Patent Cost Estimator (USPTO)

Itemized USPTO fees from filing through grant, maintenance windows, and optional attorney and international costs.

Application details

Patent typeEntity sizeCountry scopeTotal claimsIndependent claimsPatent attorney fees (optional)Expected prosecution rounds

Each round adds a USPTO RCE-style fee and 30% of your attorney budget.

Total to grant

$18,516

20-year lifetime

$24,304

USPTO to grant

$2,516

Attorney (est.)

$16,000

USPTO savings vs large entity (to grant): $3,774

Fee breakdown

Basic filing	$140
Search	$308
Examination	$352
Prosecution (2 RCE-style rounds)	$1,200
Issue fee	$516
Maintenance (3.5 years)	$860
Maintenance (7.5 years)	$1,616
Maintenance (11.5 years)	$3,312
Maintenance total	$5,788

USPTO fees as of 2026-05-25. Verify current fees at USPTO.gov before filing.

This is a budget estimate, not legal advice. Patent costs vary with complexity and prosecution history. Confirm current USPTO fees and entity status before filing.

How this tool works

We sum published USPTO fee schedule amounts for your patent type and entity size: filing, search, examination, issue, and optional excess claim fees when you exceed twenty total claims or three independent claims on utility and plant applications. Each prosecution round uses the first request for continued examination fee as a stand-in for office action response cost. Attorney fees add your entered budget plus thirty percent per round for extra prosecution work. Maintenance fees at 3.5, 7.5, and 11.5 years are listed separately for the twenty-year lifetime total. International add-ons are flat planning estimates, not WIPO invoices.

Worked example

A small entity utility application with twenty claims, three independent claims, and two prosecution rounds: about $630 in filing, search, and examination, plus $516 issue, plus $1,200 in RCE-style prosecution fees, and about $5,788 in maintenance over twenty years. With $10,000 attorney fees, prosecution adds $6,000 more attorney cost. Total to grant is near $18,500 before maintenance; lifetime near $24,300. A micro entity on the same facts pays far less in USPTO lines.

Frequently asked questions

How much does a utility patent cost?
Total costs from filing to grant often run $15,000 to $30,000 for small entities when you include USPTO fees and attorney work. Prosecution, meaning the process of responding to USPTO office actions and examiner rejections, adds cost if the application requires multiple rounds of argument. Maintenance fees at 3.5, 7.5, and 11.5 years add several thousand dollars more over the patent life.
What is the micro entity discount?
Micro entities pay the lowest USPTO fee column, which is roughly half the small entity rate and about one quarter of the large entity rate on filing, search, examination, and maintenance fees. To qualify, you must meet USPTO income thresholds (generally below three times the US median household income), have filed fewer than four previous patent applications, and not be obligated to assign the patent to a large entity.
Should I file provisional or utility first?
A provisional patent application costs significantly less than a full utility filing and immediately establishes a priority date while giving you twelve months of patent pending status to refine the invention, test the market, or seek funding. You must file the non-provisional utility application within twelve months to claim that priority date. Missing the deadline means losing the provisional's filing date entirely.
Do design patents have excess claim fees?
No. Design patent applications use a simplified USPTO fee structure that does not include the per-claim surcharges applied to utility and plant patents. Utility applications over twenty total claims or three independent claims trigger excess claim fees that can add hundreds of dollars to filing cost. Design applications consist of a single claim by definition, so those surcharges do not apply.
When do USPTO fees change?
The USPTO periodically revises its fee schedule through rulemaking, often with changes taking effect in the new fiscal year. Fee increases have been common in recent years as the USPTO funds operations through filing fees. This calculator stores a data retrieval date so you can see when the fee data was last updated. Always verify current amounts directly at USPTO.gov before budgeting or submitting a filing.

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