How much does it cost to get a U.S. patent?

Patents are meant to promote innovation, and individuals and companies often rely on them to protect their creations from being copied or used by others for a set period. Those with a patent also gain exclusive rights to produce, use, or sell their invention within that set period of time, too.

As you consider the benefits of getting a patent, you may want to remember that filing a patent costs money. But how much money?

Let’s break down what a patent is, why you may consider getting one, the different types, and how much you can expect to pay for one.

What’s a U.S. patent?

According to the United States Patent and Trademark Office (USPTO), which issues U.S. patents, a patent “exclude[s] others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time.

In layperson’s terms? Having a patent on an invention means that you’ve secured the right to exclude other inventors from using, making, and selling your invention so you can reap the benefits of having invented the product or method. Patents last for 20 years (for utility or plant patents) or 15 years (for a design patent) from the filing date. Your patent will also grant you the right to sell your item exclusively, which means you can set its price.

As a result of having a patent, if someone tries to copy your product or method, you may be able to take legal action if you decide to.

It’s also important to note that each country has its own patent laws. Having a U.S. patent doesn’t mean your patent will be honored in other countries.

Who can file a patent?

An inventor, multiple inventors, a company, or even an organization can file a patent. A patent can be filed electronically or by mail. However, the USPTO office recommends employing a patent attorney or agent who knows patent law, USPTO rules and procedures, and technical expertise related to your invention to help you file a patent.

How much does a patent cost?

There are three different types of patents — utility, design, and plant patents — and each has associated costs for filing and maintaining the patent.

Costs can vary depending on other factors, too, including whether you qualify for small entity or micro entity status (which takes into account a filer’s income or, in the case of business filing, how many employees the company has, among other factors). Qualifying for one of these statuses may reduce the cost of filing for a patent, and that’s why there are price ranges when it comes to the different costs of filing a patent.

Keep in mind that there are additional fees to be aware of, such as non-electronic filing fees, application size fees, and fees to receive a certified copy of a patent (to name a few).

The patent fees covered below cover filing a non-provisional patent application – the patent application that grants a patent with the full legal protections for an invention — and the maintenance fees associated with the patent. If you’re interested in filing a provisional application – a temporary filing that gives inventors up to 12 months to file a provisional application — those fees can be found on the USPTO website.

Hiring a lawyer or an agent to file a patent on your behalf may also be an additional cost to have on your radar.

U.S. patent fees for non-provisional applications

There are three types of U.S. patents and differences with each regarding how much money they cost. Keep in mind that the fees listed below are the filing and maintenance costs charged by the USPTO, and if you hire an attorney or an agent to help you file a patent, you may incur additional costs.

Utility patent fees

You may consider a utility patent if you’re inventing a new or improved process, machine, product, or composition of matter.

• Basic filing fee ranging from $64 to $320
• Utility search (search for existing patents to see if an invention has already been created) fee ranging from $140 to $700
• Utility examination (examiner checks if an invention meets all the criteria for a patent, including if it’s a novel invention) fee ranging from $160 to $800
• Utility issue fee (fee paid once a patent application has met the above stages but just needs to be granted) ranging from $240 to $1,200
• Maintenance fees due at 3.5 years ranging from $400 to $2,000
• Maintenance fees due at 7.5 years ranging from $752 to $3,760
• Maintenance fees due at 11.5 years ranging from $1,540 to $7,700

Maintenance fees are mandatory costs that keep a patent valid. They’re fees required to maintain a patent’s exclusive rights and cover costs such as legal services and administrative costs.

Plant patent fees

A plant patent is for those who’ve invented, discovered, or asexually reproduced any distinct or new variety of a plant. Here are some costs associated with filing a plant patent:

• Basic filing fee ranging from $44 to $220
• Plant search fee ranging from $88 to $440
• Plant examination fee ranging from $132 to $660
• Plant issue fee ranging from $168 to $840

Design patent fees

A design patent is relevant for individuals or businesses that invented a new, original, and ornamental design for a product. Some costs associated with a design patent include but aren’t limited to:

• Basic filing ranging from $44 to $220
• Design search fee ranging from $32 to $160
• Design examination fee ranging from $128 to $640
• Design issue fee ranging from $148 to $740

Common FAQs about the cost of filing a patent

What’s the cost of filing a patent yourself versus hiring an attorney?

If you file a patent yourself, you’ll still have to pay the filing fees listed above and any additional fees related to your patent application. For a complete list of the required fees, look at the USPTO’s current fee schedule.

If you file your patent with the help of an attorney, you’ll have to pay the above fees and any consultation fees and others as set by the attorney you work with. The attorney fees could vary considerably.

What’s the cost of filing a domestic patent versus an international patent?

If you’re considering filing a patent abroad to protect your invention overseas, you may want to keep in mind the varying legal requirements and fees associated with filing a patent overseas. If you file through the Patent Cooperation Treaty, you may be able to file for a patent in multiple countries, though keep in mind the costs for doing this will vary depending on the countries you select to file a patent with.

How can I reduce the cost of filing a patent with the Patent Pro Bono Program?

If you’re worried about affording the cost of a patent, you may consider looking into the Patent Pro Bono Program, a nationwide network of independently operated programs in the U.S., which matches volunteer patent professionals with inventors and small businesses who may need financial support to file patents.

While different programs within this network may have different criteria for receiving pro-bono help (at little or no charge), typically, you have to meet several requirements, including:

• If you’re filing as a solo inventor, your gross household income must be less than three times the federal poverty level guidelines (some regional programs may have different criteria). For small businesses, the owner’s income must follow this guideline.
• You must show an understanding of the patent system by having a provisional application on file with the USPTO or have completed a USPTO Basic Patent Training Certification Course.
• You should be able to describe the different features of your invention and how it works.

Final thoughts

While filing a patent may seem like a lengthy and expensive process, know that resources are available to help ease the costs. For instance, the USPTO website offers a suite of learning resources, such as videos, where you can learn about the patent process and how to file a patent without paying for an attorney or agent.

Regardless of whether you choose to pay for an attorney to guide you through the process, if you utilize a pro-bono patent service, or if you decide to file independently, pay attention to all the requirements to avoid making mistakes during the process. If you rush the process and make mistakes, you may pay more than expected because of amendment filing fees.