Patent Cost Estimator (2026)
This tool calculates USPTO filing fees for utility, design, and plant patents. Enter your application type and entity status (micro, small, or large) to see itemized costs for search, examination, and issue fees.
Patent costs vary widely based on claim counts, whether you file electronically, and your entity classification. This estimator shows you the base fees you'll pay directly to the USPTO, not attorney costs or preparation fees.
The tool updates when USPTO fee schedules change. It does not include costs for responses to office actions, appeals, or maintenance fees after grant. Use it to budget the initial filing phase before you engage a patent attorney.
Application details
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 |
Fee data effective January 19, 2025. Verify current fees at USPTO.gov before filing.
This is a budget estimate, not legal advice. Patent costs vary with complexity, prosecution history, and attorney pricing. Confirm current USPTO fees and your entity status before filing.
How does the Patent Cost Estimator work step by step?
We sum the published USPTO fee schedule for your patent type and entity size: filing, search, examination, issue, and any excess-claim charges above twenty total claims or three independent claims on utility and plant filings. Each prosecution round uses the current request-for-continued-examination fee as a stand-in for one more cycle of office-action work, then adds 30% of your attorney budget to reflect extra legal effort. Maintenance fees at 3.5, 7.5, and 11.5 years are listed separately so you can compare total-to-grant vs full-life cost. The underlying USPTO schedule is still the fee set that became effective on January 19, 2025. The USPTO fee schedule page was last revised on August 14, 2026, but that revision only changed petition thresholds for unintentional delay and did not affect any filing, search, examination, issue, or maintenance fee amounts. The government-fee side of this calculator is federal and nationwide; what changes from state to state is usually attorney pricing, not the USPTO line items themselves.
What does a typical Patent Cost Estimator result look like?
A small-entity utility application with twenty claims, three independent claims, and two prosecution rounds still uses the same federal USPTO fees whether you file from California, Texas, New York, or Florida. Using the current schedule, filing, search, and examination total $800, the issue fee adds $516, and two RCE-style rounds add $1,200 more. That puts USPTO cost to grant near $2,516 before attorney fees. Add a $10,000 attorney budget plus 30% extra per prosecution round and total-to-grant lands near $18,500, with another $5,788 in maintenance fees over the patent life.
What is the patent filing reality across different US states?
USPTO fees are federal, so the filing schedule does not change by state. This table helps users comparing local attorney markets understand what stays fixed and what usually varies.
| State | USPTO fees | What usually changes |
|---|---|---|
| California | Same federal USPTO fees | Attorney budgets are often higher in major coastal startup markets. |
| New York | Same federal USPTO fees | Government filing cost is unchanged; local counsel rates often drive the premium. |
| Texas | Same federal USPTO fees | Often lower counsel pricing than NY or CA, but USPTO charges stay identical. |
| Florida | Same federal USPTO fees | Useful for users comparing attorney-market differences, not filing-fee differences. |
| Illinois | Same federal USPTO fees | Patent cost differences usually come from attorney scope, not the USPTO schedule. |
Frequently asked questions
How much does a utility patent cost?
For many small entities, total cost from filing to grant still lands around $15,000 to $30,000 once you combine USPTO fees with attorney work. More claims, more office-action rounds, and a more complex specification can push that higher.
Are patent filing fees different in each state?
No. USPTO patent fees are federal, so the filing, search, examination, issue, and maintenance charges are the same whether you are in California, Texas, New York, or Florida. State-by-state differences usually come from attorney pricing and how much drafting or prosecution help you need.
What is the micro entity discount?
Micro entities pay the lowest USPTO fee column, which is generally half of the small-entity rate and one quarter of the large-entity rate on many core patent fees. Qualification depends on income, prior filing history, and assignment rules, so confirm status before relying on the discount.
Should I file provisional or utility first?
A provisional filing is cheaper and can secure an earlier priority date, but it does not become an issued patent on its own. You still need to file the non-provisional utility application within 12 months if you want to keep that priority claim.
Do design patents have excess claim fees?
No. Design patent applications do not use the same excess-claim structure as utility and plant patents. That is why the calculator only applies excess-claim surcharges to the patent types where the USPTO actually charges them.
What do prosecution rounds represent?
They are a planning proxy for additional back-and-forth with the USPTO after the initial filing. Each extra round typically means more government fees and more attorney time responding to examiner questions or rejections.
Does this include maintenance fees?
Yes. The tool separates total cost to grant from the full-life cost of the patent by listing maintenance payments at 3.5, 7.5, and 11.5 years. That helps you budget the filing decision and the long tail of keeping the patent alive.
When were these USPTO fee numbers last checked?
The calculator uses the fee schedule that became effective on January 19, 2025, and the source page was checked after the USPTO's July 1, 2026 revision. Always verify the live fee schedule before filing because federal fees can change through rulemaking.
How much are USPTO maintenance fees in 2025?
Small entity maintenance fees are $1,000 at 3.5 years, $2,280 at 7.5 years, and $3,760 at 11.5 years after grant. Large entity rates are double those amounts. Micro entity rates are half of small entity. The total 20-year maintenance cost for a small entity is $7,040. Learn more in our <a href='/learn/legal/uspto-maintenance-fees' class='font-medium text-emerald-700 underline-offset-4 hover:underline dark:text-emerald-400'>complete USPTO maintenance fee guide</a>.
When do I pay patent maintenance fees?
Maintenance fees are due at 3.5 years, 7.5 years, and 11.5 years after the patent grant date. You can pay during a six-month window before each deadline with no surcharge. A six-month grace period after the deadline allows late payment with a surcharge. Missing the grace period causes the patent to expire. Read our <a href='/learn/legal/uspto-maintenance-fees' class='font-medium text-emerald-700 underline-offset-4 hover:underline dark:text-emerald-400'>USPTO maintenance fee guide</a> for payment instructions and deadline tracking tips.
What happens if I miss a maintenance fee deadline?
If you miss the payment window, you have a six-month grace period but must pay a surcharge of $360 (micro entity), $720 (small entity), or $1,440 (large entity) on top of the base fee. If you miss the grace period entirely, the patent expires and enters the public domain. Once expired, enforcement rights are lost permanently. See common mistakes and prevention strategies in our <a href='/learn/legal/uspto-maintenance-fees' class='font-medium text-emerald-700 underline-offset-4 hover:underline dark:text-emerald-400'>USPTO maintenance fee guide</a>.
What should you know before filing a patent?
If you want the full filing, prosecution, and maintenance picture, read How Much Does a Patent Cost in 2026?. It breaks down the total lifetime budget, not just the first filing bill.
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