Patent Attorney Fees

12-month placeholder; establishes priority date. No examination. Fee depends on complexity of tech field and drawing requirements. Software and mechanical provisionals on the lower end; pharma/bio higher.

Covers specification, claims, drawings, and formal filing. Complex technologies (biotech, chemistry, semiconductor) are at the high end. Software on the mid-low end. Claims fees increase above 20 total / 3 independent.

Simpler than utility — one claim, defined by drawings. Primarily drawing preparation cost. Professional patent illustrators typically $500–$1,500.

In addition to non-provisional filing. Preserves international rights for 30 months. National phase fees are separate — each country charges individually.

Most applications receive 1–2 office actions. Response to a restriction requirement (before substantive examination) is typically lower ($1,000–$2,000). Response to a final rejection costs more.

A final rejection requires either RCE, appeal, or abandonment. RCE resets examination; appeal adds appellate brief costs. RCE responses often involve claim amendments requiring significant strategy.

Covers appeal brief drafting + reply brief if needed. PTAB appeals from examiner rejections. Success rate ~50% on appealed claims historically. Often faster than continuing examination.

For petitioner preparing the petition. Full trial costs (both sides) typically $200K–$600K. IPR is far cheaper than district court litigation but still significant for early-stage companies.

Highly variable — depends on venue, number of patents, technical complexity, number of claims, party sophistication, whether expert witnesses are needed. Discovery and expert costs dominate.

Large entity

No discount (100%)

Companies with 500+ employees and their assignees

Filing fee: $1,760

Small entity

50% discount

Individual inventors; companies with <500 employees; qualifying non-profits

Filing fee: $880

Micro entity

80% discount (20% of full fee)

Small entity + ≤4 prior applications + gross income <~$239K (2024) + not assigned to large entity

Filing fee: $352

How much does it cost to get a patent in the US?

Total cost to obtain a granted US utility patent varies by technology complexity and the number of office actions required. For a simple-to-moderate technology with one round of office actions: $15,000–$35,000 total (attorney fees + USPTO fees). For complex technology (pharma, biotech, semiconductor process): $25,000–$60,000 or more. This includes: provisional application ($1,820–$5,320), non-provisional filing ($9,760–$23,760), office action response ($2,500–$6,000), and issuance fee ($1,200 small entity). If two office actions are needed (which is typical), add another $2,500–$6,000. If a request for continued examination (RCE) is needed: another $3,440–$8,880. Design patents are cheaper: typically $2,800–$5,800 total from filing through issuance. Ongoing maintenance fees (due at 3.5, 7.5, and 11.5 years after grant) add $1,000–$10,000 over the patent's 20-year life.

What is the difference between small entity and micro entity patent fees?

USPTO fees are discounted based on entity size. Large entity pays full fees. Small entity (50% discount): applies to individual inventors, small businesses with fewer than 500 employees, and non-profit organizations. Micro entity (80% discount, i.e., 20% of full fee): applies to applicants who: (1) qualify as a small entity; AND (2) have not been named as inventor on more than 4 previously filed patent applications (not counting provisionals, international applications, or applications filed in other countries); AND (3) have a gross income that does not exceed 3 times the US median household income (approximately $239,000 for 2024); AND (4) have not assigned or licensed the application to an entity that does not meet micro entity status. For a standard non-provisional utility patent, the basic filing fee is: $1,760 (large entity), $880 (small entity), $352 (micro entity). The fee reduction compounds across all fees — claims fees, examination fees, issuance fees — so micro entity status can save thousands of dollars over the life of a patent application.

How much do patent attorneys charge per hour?

Patent attorney billing rates vary significantly by geography, firm size, technology specialty, and experience. Typical ranges: Large firm partners in major markets (NY, SF, Boston, DC): $500–$1,000+/hour. Large firm associates: $300–$600/hour. Mid-size firm partners: $350–$600/hour. Mid-size firm associates: $200–$400/hour. Solo practitioners or small boutique firms: $250–$500/hour. Patent agents (non-attorneys who passed the patent bar): $150–$350/hour. Many patent prosecution matters are billed on flat-fee arrangements for common tasks (provisional drafting, non-provisional drafting, office action responses) — this is often better value than hourly billing for clients who want cost predictability. Litigation is almost always hourly, which is why litigation costs are so variable.

What is the most cost-effective patent strategy for a startup?

For an early-stage startup with limited resources: (1) File a provisional application first. At $1,820–$5,320 total, a provisional secures your priority date for 12 months at low cost. Use that time to validate commercial potential before committing to the full non-provisional cost. (2) Qualify for micro entity status if possible — reduces all USPTO fees by 80%, saving thousands. (3) File a non-provisional application within 12 months of the provisional. (4) Draft claims strategically — start with independent claims that cover the core commercial embodiment, not the broadest possible conceptual claims that may be harder to defend. (5) Consider continuing applications after the parent issues — continuations preserve pendency and let you claim improvements or different aspects later. (6) Delay international filing using PCT — file a PCT application at or before 12 months from your provisional, which gives you 30 months total to decide where to file internationally, delaying the large international costs. (7) Focus limited resources on the patents that cover the specific product you're commercializing and that competitors would find most valuable to invalidate or design around.

What do patent maintenance fees cost?

US utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after the patent grant date to keep the patent in force. For small entities: 3.5 years: $900; 7.5 years: $1,850; 11.5 years: $3,100. For micro entities: 3.5 years: $450; 7.5 years: $925; 11.5 years: $1,550. For large entities: 3.5 years: $1,800; 7.5 years: $3,700; 11.5 years: $6,200. If a maintenance fee is not paid by the deadline, there is a 6-month surcharge window during which it can still be paid with a surcharge fee. After the surcharge window closes, the patent expires and rights are lost. Design patents (15-year term post-AIA) and plant patents do not require maintenance fees. International patents typically have annual annuity fees in each country — Europe, Japan, and most other jurisdictions charge annual renewal fees starting from the patent filing date, not grant date. Annual annuity costs per country per year typically range from $200 to $2,000+, depending on the country and year of the patent.