Filing a patent in the United States involves fees paid to the U.S. Patent and Trademark Office (USPTO) plus, typically, attorney fees for preparation and prosecution of the patent application.
Total costs for a utility patent (the most common type) typically range from $10,000 to $25,000+ for a professionally filed application, though inventors can file provisional applications themselves for as little as $320.
Patent costs depend on invention complexity, application type, and whether you use a patent attorney or agent.
This guide breaks down USPTO fees, attorney costs, and the full patent filing cost picture for 2026. Inventors who are still in the early conceptual stage may find the companion cost to patent an idea guide helpful, as it covers the full process from patentability search through issuance.
USPTO Filing Fees
USPTO utility patent application fees (small entity — businesses under 500 employees) include a basic filing fee of approximately $830, search fee of $660, examination fee of $760, and issue fee of $1,200.
Micro-entity filers (meeting income/affiliation requirements) pay 40% of small entity fees.
Large entities pay full fees (approximately 2× small entity rates).
A provisional patent application costs $320 for small entities and provides 12 months of 'patent pending' status.
Inventors who have already formed a business should review the cost to form an LLC guide to ensure their invention is protected within the right legal structure, and the trademark filing cost guide to protect their brand name alongside the patent.
Patent Attorney Fees
Patent attorneys and agents charge separately from USPTO fees. Drafting and filing a utility patent application typically costs $8,000–$20,000 depending on complexity. Simple mechanical inventions run $8,000–$12,000; complex software or electrical patents $15,000–$25,000+.
Responding to USPTO office actions during prosecution adds $2,000–$5,000+.
Total cost from filing through issuance (if approved) typically runs $15,000–$30,000.
For context on what IP attorneys charge relative to other legal specialties, see the attorney hourly rates guide and typical lawyer fees overview.
Provisional vs. Non-Provisional Patents
A provisional patent application establishes a priority date and allows 'patent pending' marketing for 12 months at lower cost ($320–$5,000 with attorney).
Within 12 months, a non-provisional utility application must be filed to pursue actual patent protection.
Many inventors file a provisional application first to establish priority while refining their invention and seeking investors.
Startups using a provisional application window to raise funding should understand reducing expenses strategies to extend their runway, and review cost to patent an idea for a complete timeline and total cost picture through issuance.
Frequently Asked Questions
How much does it cost to file a patent?
USPTO fees for a small entity utility patent application total approximately $2,500–$3,500. Attorney preparation and filing adds $8,000–$20,000. Total cost typically runs $10,000–$25,000+.
See the cost to patent an idea guide for the full lifecycle cost.
Can I file a patent myself?
Yes — inventors can file patents pro se (without an attorney). This saves attorney fees but increases the risk of claims being too narrow or the application having drafting errors that reduce protection.
How much does a provisional patent cost?
USPTO provisional patent application fees are $320 for small entities and $160 for micro-entities. Attorney drafting may add $1,500–$5,000.
How long does it take to get a patent?
Utility patents typically take 2–3 years to issue from the USPTO after filing, though Track One (expedited examination) can reduce this to 6–12 months for an additional fee of $4,000 for small entities.
What is the difference between a patent, trademark, and copyright?
Patents protect inventions. Trademarks protect brand identifiers (names, logos) — see the trademark filing cost guide for trademark application fees. Copyrights protect original creative works.
Each serves a distinct purpose and has separate filing processes. Business owners forming a company around an invention should also understand the cost to form an LLC as the appropriate legal container for IP ownership.
Sources & References
- U.S. Patent and Trademark Office — patent fees schedule — https://www.uspto.gov/patent/fees-patent-prosecution-and-maintenance
- USPTO — filing a utility patent application — https://www.uspto.gov/patents/basics/types-patent-applications/nonprovisional-utility-patent
- USPTO — provisional patent applications — https://www.uspto.gov/patents/basics/types-patent-applications/provisional-application-patent
- Small Business Administration — protecting intellectual property — https://www.sba.gov/business-guide/launch-your-business/register-your-business
Last updated: April 27, 2026