USPTO Filing Fees in 2026: The Complete Breakdown

USPTO fees are complicated by design — they vary by entity size, application type, claim count, and filing format. Getting them wrong delays your application. Overpaying is money wasted. Underpaying creates deficiencies that can affect your priority date.

Here is a complete breakdown of every significant fee, with current amounts for all three entity sizes.

Entity size categories

Large entity — Any company or individual that doesn't qualify as small or micro. Includes companies with more than 500 employees and their subsidiaries, and any applicant that has assigned or licensed the application to a large entity.

Small entity — A person, small business concern (fewer than 500 employees), or university or nonprofit. Small entities pay 40% of large entity fees for most actions.

Micro entity — The smallest category, with two qualification paths:

Income-based micro entity: The applicant has not been named as inventor on more than 4 previously filed US patent applications (not counting provisional applications or applications filed in other countries), the applicant's gross income for the prior year didn't exceed 3× the median US household income (approximately $162,000 in 2024), and the applicant has not assigned or licensed the application to a non-micro entity.

Institution-based micro entity: The applicant's employer is an institution of higher education (or a technology transfer organization serving one), and the applicant has not assigned rights to anyone other than that institution.

Micro entities pay 20% of large entity fees for most actions — a significant reduction.

Provisional application fees

A provisional application establishes a priority date and gives you 12 months to file a non-provisional. It is never examined.

Entity	Fee
Micro	$320
Small	$800
Large	$1,600

Non-provisional application fees

The non-provisional (also called the utility application) is the real patent application. The "filing fee" is actually a bundle of separate components.

Basic filing fee:

Entity	Fee
Micro	$320
Small	$800
Large	$1,600

Search fee:

Entity	Fee
Micro	$700
Small	$1,750
Large	$3,500

Examination fee:

Entity	Fee
Micro	$400
Small	$1,000
Large	$2,000

Total at filing (basic + search + examination, excluding claims surcharges):

Entity	Total
Micro	$1,420
Small	$3,550
Large	$7,100

Claims surcharges

The base filing fee includes 20 total claims and 3 independent claims. Additional claims cost extra:

Each claim over 20 total:

Entity	Fee
Micro	$50
Small	$125
Large	$250

Each independent claim over 3:

Entity	Fee
Micro	$230
Small	$575
Large	$1,150

Multiple dependent claims (if you use them, a flat surcharge applies):

Entity	Fee
Micro	$200
Small	$500
Large	$1,000

Issue fee

Paid after the USPTO issues a Notice of Allowance, before the patent grants.

Entity	Fee
Micro	$600
Small	$1,500
Large	$3,000

Track One — Prioritized Examination

Track One puts your application in an expedited examination queue, typically resulting in final disposition within 6–12 months vs. 2–3 years for standard examination. This is the "fast lane" for applications where speed matters.

Entity	Fee
Micro	$1,400
Small	$3,500
Large	$7,000

This is in addition to, not instead of, standard filing fees. A micro entity using Track One pays approximately $2,820 total to file and enter the expedited queue.

Maintenance fees

To keep a utility patent in force through its 20-year term, you must pay maintenance fees at three intervals after grant. Miss a payment, and the patent lapses (though a late payment with surcharge is accepted within a 6-month grace period; beyond that, revival requires a petition).

3.5 years after grant:

Entity	Fee
Micro	$487.50
Small	$975
Large	$1,950

7.5 years after grant:

Entity	Fee
Micro	$1,050
Small	$2,100
Large	$4,200

11.5 years after grant:

Entity	Fee
Micro	$2,062.50
Small	$4,125
Large	$8,250

Design patents and plant patents do not require maintenance fees.

Total cost through grant: what to budget

For a micro entity with standard claim counts (20 total, 3 independent), in standard examination:

• Provisional: $320
• Non-provisional (filing + search + examination): $1,420
• Issue fee: $600
• USPTO fees total: approximately $2,340

For a large entity on the same application: approximately $10,100 in USPTO fees alone.

Attorney fees are separate. Drafting a well-prepared non-provisional utility application typically costs $8,000–$15,000. Total investment through grant for a large entity: $25,000–$40,000 is a realistic range for a non-complex mechanical or software invention.

The PatentBrief patent expiry tool can help you track maintenance fee deadlines for patents you're monitoring.

Fees change periodically. Always verify current amounts at the USPTO fee schedule (fees.uspto.gov) before filing. PatentBrief is not a law firm. Nothing here is legal advice.