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There is no single price to patent an invention in the United States. The total may include USPTO filing, search, examination, and later fees, plus any attorney or patent-agent charges. The USPTO’s fee schedule, last revised May 1, 2026, lists a provisional application filing fee of $325, $130 for a small entity, or $65 for a micro entity. A provisional filing is not a granted patent, and pursuing a utility patent later requires a separate nonprovisional application and budget.
What makes up the cost of a patent?
Patent costs fall into two categories: fees paid to the U.S. Patent and Trademark Office (USPTO) and professional fees, if you hire a patent attorney or registered patent agent. Government fees vary with the application type, filing method, fee status, claim count, and later events such as examination, issuance, and maintenance.
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The USPTO’s fee schedule is not a quote for professional services. The official sources cited here do not establish a representative national price for drafting or prosecuting an application, so do not treat government charges as the complete cost when hiring help.
How much does a provisional patent application cost?
The USPTO’s fee schedule, last revised May 1, 2026, lists the following provisional application filing fees:
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| Fee status | Filing fee |
|---|---|
| Regular | $325 |
| Small entity | $130 |
| Micro entity | $65 |
A provisional application is a filing, not an issued patent. If you later want to pursue a patent based on it, you must file a nonprovisional application that meets the requirements for claiming the provisional filing date. Budget for that later filing and its associated fees; the provisional fee does not include them. See the USPTO’s patent application guidance.
How much does a nonprovisional utility application cost?
A utility application generally requires a basic filing fee, a search fee, and an examination fee. The USPTO’s schedule also includes charges that may apply based on the application and what happens during prosecution. The figures below are selected fees from the schedule last revised May 1, 2026, not a total cost estimate.
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| Fee item | Regular | Small entity | Micro entity |
|---|---|---|---|
| Utility basic filing fee | $350 | $140 | $70 |
| Each independent claim beyond three | $600 | $240 | $120 |
| Each claim beyond 20 | $200 | $80 | $40 |
The schedule separately shows a $70 electronic filing fee for small entities. Search and examination fees are separate from the basic filing fee; consult the current fee schedule for those amounts and applicable conditions. Additional charges can depend on application size, excess claims, and later prosecution or maintenance events.
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Filing method and timing matter
Filing a regular nonprovisional utility application on paper adds a non-electronic filing fee. The USPTO also warns that paying a filing, search, or examination fee after the application filing date may result in a late surcharge. Its Nonprovisional (Utility) Patent Application Filing Guide explains filing requirements and fees. Check the schedule when preparing to file: the guide notes that fees normally change every October.
Can you get a discount on patent fees?
Eligible small entities receive a 60% reduction on most patent fees; eligible micro entities receive an 80% reduction on most fees. These reductions are not automatic. You must meet the applicable criteria and complete the required certification or status steps.
Micro-entity eligibility includes income, prior-application, and ownership-related requirements. Being an individual inventor or a startup by itself does not establish eligibility. Check the USPTO’s micro-entity guidance and the relevant fee-date requirements before claiming a reduced fee. In a March 17, 2026 reminder, the USPTO urged applicants to make a reasonable inquiry and keep records supporting small- or micro-entity status.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should you budget for professional help?
An attorney or registered patent agent may charge separately for application drafting, coordinating drawings, filing, responding to office actions, and other prosecution work. The price depends on the work included and the particular application. The USPTO’s official fee materials do not provide a defensible typical professional-fee average.
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How to estimate your own total
- Choose the application type. A provisional filing has its own fee but is not a patent grant; a nonprovisional utility application has separate filing, search, and examination fees.
- Check your fee status. Use regular fees unless you qualify for and properly establish small- or micro-entity status.
- Count claims and check filing method. Excess claims and paper filing can add charges.
- Allow for later fees. Review possible prosecution, issue, maintenance, and late charges in the current USPTO schedule.
- Add any professional quote separately. Confirm which drafting and prosecution tasks it covers.
Use the USPTO fee schedule for the amounts that apply to your application and fee status on the filing date. Those government charges are a starting point for a budget, not a universal all-in price.
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