Patent cost · 2026
What a U.S. patent actually costs.
USPTO fees are only one piece. Attorney drafting, office-action responses, and three rounds of maintenance feesmaintenance feesPeriodic fees the USPTO charges to keep a granted utility patent in force (3.5, 7.5, 11.5 years post-grant). Miss one and the patent expires early.Read more → together usually cost 10–30× the USPTO portion. Here are the real numbers.
Calculate your patent cost →The short answer
A utility patent typically costs $10,000–$25,000 to obtain and another $7,000–$15,000 in maintenance fees over its 20-year life — for a total of roughly $17,000–$40,000 per patent for a small entity. Design patents run $2,000–$5,000 all-in. Plant patents fall in between.
USPTO fees · utility patent
The official fees
The USPTO charges three categories of fees: filing fees, an issue fee, and three rounds of maintenance feesmaintenance feesPeriodic fees the USPTO charges to keep a granted utility patent in force (3.5, 7.5, 11.5 years post-grant). Miss one and the patent expires early.Read more → after grant. Small entities (≤500 employees) get a 60% discount; micro entities (gross income under ~$233K) get an 80% discount. All numbers below are 2026 rates.
| Stage | Micro entity | Small entity | Large entity | Note |
|---|---|---|---|---|
| Provisional filing | $60 | $120 | $300 | Locks in priority for 12 months |
| Non-provisional filing + search + exam | $415 | $830 | $1,820 | Triggers examination |
| Issue fee (if allowed) | $240 | $480 | $1,200 | Required to receive patent |
| 3.5-year maintenance | $400 | $800 | $2,000 | Or patent expires early |
| 7.5-year maintenance | $900 | $1,800 | $3,760 | Required to stay in force |
| 11.5-year maintenance | $1,850 | $3,700 | $7,700 | Last maintenance fee |
| Total USPTO fees (small entity) | ~$3,865 | ~$7,730 | ~$16,780 |
Fees current as of mid-2026 USPTO schedule. Subject to periodic increases. The 6-month grace period adds a surcharge on missed maintenance fees.
Attorney fees
The bigger number
Attorney fees usually dwarf USPTO fees. A typical utility-patent prosecutionprosecutionThe whole process of moving a patent application from filing through grant or abandonment at the USPTO.Read more → involves drafting the application, responding to one or two office actions, and shepherding the application to grant. Each step has a price range that depends on complexity and the attorney's market.
Provisional draft
$2,000–$5,000
DIY is possible. Quality usually shows in the non-provisional.
Non-provisional draft
$6,000–$15,000
The biggest single fee. Specifications and 20+ claims take time.
Office action response
$1,500–$4,000 each
Most applications need 1–2 responses to reach allowance.
Issue + post-grant
$500–$1,500
Small final step.
Cost-cutting tactics
Where to save
Qualify as a micro entity.
An 80% USPTO discount cuts ~$3,000 off a small-entity patent lifecycle. Most solo inventors with under ~$233K annual income qualify.
File a provisional first.
Locks in priority for 12 months at low cost. Buys time to pitch investors or refine the invention before the bigger non-provisionalprovisionalA simplified, lower-cost patent application that locks in a filing date for 12 months while the inventor refines or pitches.Read more → fee.
Front-load the spec.
A well-drafted specificationspecificationThe main body of the patent — describes the invention in detail. Used to interpret the claims.Read more → reduces office-action rounds, where most attorney fees pile up. Pay more upfront, save more later.
Use the Patent Pro Bono Program.
Qualifying low-income inventors can get pro bono attorney help via the USPTO's Pro Bono program — saves the entire attorney-fee column.
Track maintenance fee deadlines.
Surcharges in the 6-month grace period add 50%+. Missing the grace period kills the patent.
Decide which claims to drop.
Each additional independent claimindependent claimA claim that stands alone — doesn't reference other claims. Defines the broadest scope of the invention.Read more → past 3 costs $480 (small entity). Trim before filing.
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