A patent may cost anywhere from a few hundred to a few thousand dollars depending on the type, complexity, and resources you need for your invention or design. Generally, you can expect to spend anywhere from around $6,560 to $26,860, though the total cost truly depends on several factors, including the type of patent—such as a utility, design, or provisional patent—you need and its associated filing fees, maintenance fees, and legal fees. There may also be other patent-specific costs. The cheapest route is to facilitate the process on your own, saving thousands in patent lawyer costs.
| Patent Types, Costs | ||
|---|---|---|
| Utility | $5,000 to $15,000 | Best for those needing to protect an actual product or tangible thing and how it works |
| Design | $2,500 to $3,500 | Ideal for those seeking to protect the aesthetics or design of a functional item |
| Provisional | $1,500 to $3,000 | Optimal for those wanting patent-pending status while they develop an invention or prepare a nonprovisional utility or plant application |
Common Patent Costs
The average cost of a patent varies based on a few factors. However, there are common costs associated with getting a patent, regardless of type. This generally involves paying the filing fees required to process and review your application, keeping up-to-date with necessary maintenance fees to keep your patent, and consulting with a patent attorney to help you navigate the process.
| USPTO | $44 to $2,320 |
|---|---|
| Patent Maintenance | $400 to $7,700 |
| Patent Attorney | $1,000 to $35,000+ |
USPTO Fees
The United States Patent and Trademark Office (USPTO) is the federal agency that grants US patents and registers trademarks. Regardless of the patent, you’ll pay three categories of fees through the USPTO: filing, search, and examination.
| Cost | Description | |
|---|---|---|
| Filing | $44 to $860 | This is related to processing your application. The cost depends on the type and whether you file electronically. |
| Search | $32 to $700 | This is associated with the patent search that reveals existing inventions or applications similar to your invention. |
| Examination | $128 to $2,320 | This covers the USPTO’s review of your application. |
The USPTO charges patent fees based on business size.
- A company with over 500 employees pays the full fee.
- A “small” business with fewer than 500 employees pays 50%.
- A one-person “micro” inventor pays 25%.
The USPTO’s fee schedule includes a detailed summary of fees associated with each type of patent and the size of the business filing the patent application. Fees are subject to change as adjustments are made.
Patent Maintenance Fees
The utility patent requires a renewal fee. Renewal fees are due three times over the life of a patent, once at 3.5 years, secondly at 7.5 years, and finally at 11.5 years. The fees range from $400 to $7,700, although the cost depends on the size of the business filing and the age of the patent.
You can view your current patent maintenance fees through the USPTO Patent Maintenance Fees Storefront. By entering your patent and application number, you can view your payment window and amount due, and make payments directly through the site.
Patent Attorney Costs
A patent attorney has expertise in intellectual property (IP) law and helps inventors navigate the patent application process. The cost of a patent attorney can vary greatly, depending on the complexity of the requested patent. It’s common that they bill their fees hourly, although some work on a flat rate. Generally, you can expect the total cost to run anywhere from $1,000 to over $35,000.
Apart from the initial consultation, patent lawyer fees typically cover:
- Performing a professional patent search: Your attorney will perform a search of the USPTO database to determine whether your idea is similar to an existing patent or application.
- Drafting the patent application materials: Your patent lawyer will prepare the application materials to include the necessary information and meet the USPTO’s formatting requirements.
- Negotiating and interacting with the USPTO: Many patent applications involve complex or confusing information. Your patent lawyer may need to communicate with the USPTO to answer questions and provide clarifications. They will also defend to appeal your patent if the application is initially objected to or rejected.
If your business is on a tight budget and cannot afford a patent attorney, consider using an online legal service. LegalZoom, which tops our list of the best online legal services, provides patent services that include a consultation with a USPTO-certified attorney, patent search, and technical drawings by an illustrator.
Types of Patents & How Much They Cost
There are two major types of patents: utility and design. Patent costs depend on the patent type and the complexity of your idea. The more complicated the invention or design, the higher the associated costs.
| Description | Cost | |
|---|---|---|
| Utility |
| $3,800 to $20,000 |
| Design |
| $1,800 to $3,500 |
You can also obtain a provisional patent, which gives certain inventions patent-pending status for one year. Provisional patents make sense when you are in a time crunch, concerned that another filer will patent a similar invention, or need more time to refine your idea.
| Provisional |
| $1,100 to $4,000 |
|---|
Utility Patent Cost
The cost of a utility patent varies greatly and generally runs anywhere from $3,800 to nearly $20,000. This figure could be greater depending on lawyer fees, patent complexity, and whether you incur other fees—such as late charges, extensions, and issue and publication fees.
The breakdown of utility patent costs is as follows:
- USPTO filing fees: $64 to $320
- USPTO search fees: $140 to $700
- USPTO examination fees: $160 to $800
- Maintenance fee
- Lawyer cost: $3,000 to $10,000+
That said, the application process tends to be lengthy and can often be costly considering the total fees incurred. Though expensive, utility patents are necessary if you want to prevent others from manufacturing, selling, using, or distributing similar products or inventions without your permission.
Design Patent Cost
Design patents typically cost anywhere from $1,800 to around $3,500, including patent lawyer fees, and last for 15 years.
The breakdown of design patent costs typically involves:
- USPTO filing fees: $44 to $220
- USPTO search fees: $32 to $160
- USPTO examination fees: $128 to $640
- Maintenance fee
- Lawyer cost: $1,500 to $3,000
A design patent application tends to be simpler and less expensive than a utility application. It only needs to include an illustration of what the invention looks like with limited text. If you want to protect the appearance, design, shape, or general ornamentation of an invention, such as a computer, you need a design patent.
Provisional Patent Cost
Obtaining a provisional patent costs anywhere from around $1,100 to $4,000, depending on the invention’s complexity.
The breakdown of provisional patent costs includes:
- USPTO filing fees: $84 to $420
- USPTO search fees: Not applicable
- USPTO examination fees: Not applicable
- Maintenance fee: Not applicable
- Lawyer cost: $1,000 to $3,500
Typically, an inventor uses a provisional patent to protect their idea and give themselves time to develop it further. Or they may need the time to market it to investors. After 12 months, it’s essential to submit a nonprovisional patent application. Otherwise, the provisional patent will expire, and you’ll have to apply for another one and can end up paying double the cost for applications.
How to Reduce Your Patent Costs
Getting a patent can be an expensive endeavor, so it’s worthwhile for you to take advantage of opportunities that may assist with bringing down expenses. That said, there are quite a few options to reduce the cost of pursuing a patent.
- Create the first draft of the patent application using one of the best online legal services’ document libraries before engaging a patent attorney. This strategy can reduce the number of billable hours an attorney spends on the document. If you already have an attorney, ask them to provide a template so that you can produce a first draft and save on drafting fees.
- Start with a provisional patent if you want to obtain a utility patent but are still figuring out the details, which will save you money in the short term. This patent will give you time to start your new business centering around your product and develop it. Remember, when you eventually file for a nonprovisional (standard) patent, you’ll be responsible for those costs as well.
- Thoroughly describe your invention to your patent lawyer. This will help limit back-and-forth between lawyers and the USPTO and allow you to streamline the process and additionally reduce patent lawyer fees.
- Patent only a complete invention or design. Submitting an incomplete invention or design on your application may waste your patent lawyer’s time and increase your legal expenses overall.
Pros & Cons of Getting a Patent
| PROS | CONS |
|---|---|
| Security: Getting a patent makes your investment worth it because it prevents people from stealing your idea. | Lengthy application process: The process for obtaining a patent can last several years. |
| Intellectual property: Once patented, an invention becomes your intellectual property. | Liability/patent defense: When you get a patent, you become responsible for defending it. |
| Competitive edge: Holding a patent ensures that your competitors cannot legally use the same design or rely on the same functionality as your invention. | Transparency: Filing for a patent requires you to make every proprietary detail of your invention public. |
| Credibility and business value:A patent can improve your chances of selling an idea or service based on your invention. It prohibits competitors from stealing your IP. | Limited coverage: A patent gives you rights only to the specific product described in the patent. |
| Revenue: Though not required to sell a product or service, patents give inventors rights to revenue from licenses to their inventions. | Maintenance: Fees are required at three times during the life of a patent and add to the overall cost of a patent. |
Frequently Asked Questions (FAQs)
How much does it cost to obtain a patent?
The total cost of patents varies. There are many factors to consider, including the type of patent you need, the complexity of your patent, and the resources to facilitate the patent. Generally speaking, you can expect to spend nearly $20,000, although this can vary greatly. This is especially true if you hire a patent attorney to assist you with the process, in which their billable hours can tack on thousands of dollars.
What is the cheapest way to get a patent?
The least expensive route is to facilitate the process yourself. You’ll have to practice due diligence and pay the minimum applicable patent fees associated with your invention or design, but ultimately you can save on legal fees should you take on the endeavor yourself.
How do I find a patent attorney?
If you need a professional to guide you through the patent application process, consider Rocket Lawyer’s Find a Lawyer feature. On the website, choose “Copyrights, Trademarks, and Patents” in the pulldown menu and select your state. Rocket Lawyer will provide contact information, qualifications, and standard fees for local patent attorneys. You can also network locally, should someone you know have a connection to a patent attorney near you.
Bottom Line
When determining patent costs for your invention or design, it’s important to consider the various factors that are involved with the process. This includes filing, legal, and maintenance fees. You’ll likely need assistance from a patent attorney to facilitate the process; however, you can prepare accordingly and begin drafting your own patent first.
Even a little knowledge will help you have a more effective conversation with an attorney. Additionally, by drafting the basics of your patent application, you may save an attorney time and pay fewer billable hours. If you plan to start a business based on your patented idea, ensure you factor in these fees when considering business startup costs.
