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There is no single price to patent an invention in the United States. You pay USPTO fees for the application and later steps, and you may also pay an attorney or registered patent agent to prepare and prosecute it. The total depends on the application type, fee status, filing method, claims, and what happens during examination.
What the USPTO charges—and what it doesn’t
The USPTO fee schedule covers government charges, not professional services. A patent professional may charge separately for drafting the application, coordinating drawings, filing, responding to office actions, and other prosecution work. The official sources cited here do not establish a representative attorney or agent fee range, so the figures below are not an estimate of the full cost of obtaining a patent.
The figures are from the USPTO fee schedule effective January 19, 2025, last revised May 1, 2026. The USPTO notes that fees normally change every October, so check the current USPTO fee schedule for the charges and conditions that apply when you file.
Provisional application: a lower initial filing fee, not a patent
The provisional application filing fee is $325 at the regular rate, $130 for a small entity, or $65 for a micro entity, according to the USPTO’s revised schedule. A provisional application does not itself grant a patent. To pursue a patent based on it, you must later file a nonprovisional application that meets the requirements for claiming the provisional filing date. Budget for that later application and its fees as well. See the USPTO’s general patent application guidance.
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Nonprovisional utility patent: several fees, plus possible additions
A nonprovisional utility application generally has separate basic filing, search, and examination fees. The basic filing fee alone is not the cost of filing a complete utility application. The USPTO schedule lists a basic utility filing fee of $350 at the regular rate, $140 for a small entity, and $70 for a micro entity. It separately lists a $70 electronic filing fee for small entities; check the schedule and filing guide for the fee treatment that applies to your filing and status.
Other charges can apply depending on the application and what happens during prosecution. For example, the schedule lists these claim-related fees:
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| Additional claim fee | Regular | Small entity | Micro entity |
|---|---|---|---|
| Each independent claim beyond three | $600 | $240 | $120 |
| Each claim beyond 20 | $200 | $80 | $40 |
These are examples of possible additions, not a typical-case estimate. Other fee categories can include application size, issue, maintenance, late charges, and other events. A regular nonprovisional utility application filed on paper incurs an added non-electronic filing fee. Paying a filing, search, or examination fee after the application filing date may also trigger a late surcharge. The USPTO’s nonprovisional utility patent application filing guide explains the requirements; use it alongside the fee schedule.
Small- and micro-entity rates require eligibility
The USPTO reduces most patent fees by 60% for qualifying small entities and 80% for qualifying micro entities. These are not automatic discounts: applicants must properly establish status and complete required certifications or other steps. Being an individual inventor or a startup alone does not establish eligibility.
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DIY filing or hiring a patent professional?
Filing without a professional may avoid professional-service charges, but you must prepare an application that meets USPTO requirements and handle prosecution steps yourself. Hiring a registered patent attorney or agent adds a separate service cost; what is included can vary, so ask for a scoped quote rather than treating government fees as the total.
- Ask whether the quote includes application drafting, drawings coordination, filing, and responses to office actions.
- Confirm what is excluded or billed separately, including later prosecution work and USPTO fees.
- Compare the proposed work and deliverables, not only the initial price.
How to estimate your own filing budget
- Choose the application route. A provisional application has its own filing fee but is not a granted patent and does not include the later nonprovisional application.
- Check your fee status. Verify whether you qualify as a small or micro entity, and complete the required steps before paying reduced fees.
- Identify filing-specific charges. For a nonprovisional utility application, account for basic filing, search, and examination fees, plus any applicable paper-filing or claim-related fees.
- Allow for later events. Check potential issue, maintenance, excess-claim, late, and other charges in the schedule.
- Add professional services separately. Request a written quote specifying the drafting and prosecution work covered.
The USPTO’s schedule and guides are U.S.-specific. They do not establish comparable costs for filing in other countries.
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