Patent Fees

Filing a utility patent application requires paying several fees to the USPTO: (1) BASIC FILING FEE: $320 (large entity), $128 (small entity), $64 (micro entity) — covers the basic application filing; (2) SEARCH FEE: $700 (large), $280 (small), $140 (micro) — covers the examiner's prior art search; (3) EXAMINATION FEE: $800 (large), $320 (small), $160 (micro) — covers substantive examination. Additional fees: excess claims fees (independent claims beyond 3: $500/each large; dependent claims beyond 20: $100/each large); application size fees for very large specifications. All fees are subject to annual adjustment; always check the current fee schedule at the USPTO website before filing.

When the USPTO allows a patent application, the applicant must pay an ISSUE FEE within 3 months of the Notice of Allowance (non-extendable): $1,200 (large entity), $480 (small), $240 (micro). Failure to pay the issue fee by the deadline results in abandonment of the application. However, the patent can be revived if abandonment was unintentional, by paying the issue fee plus a revival petition fee. Once the issue fee is paid, the patent issues (publishes) within several weeks.

Issued utility patents require periodic maintenance fees to keep the patent in force for the full 20-year term (measured from filing date). Three maintenance fees are due: (1) 3.5 YEARS after issue: $2,000 (large), $800 (small), $400 (micro) — due between 3 years 6 months and 4 years after issue; (2) 7.5 YEARS after issue: $3,760 (large), $1,504 (small), $752 (micro) — due between 7 years 6 months and 8 years; (3) 11.5 YEARS after issue: $7,700 (large), $3,080 (small), $1,540 (micro) — due between 11 years 6 months and 12 years. There is a 6-month GRACE PERIOD after each window, with a surcharge, to pay late. Failure to pay maintenance fees causes the patent to EXPIRE and enter the PUBLIC DOMAIN. Design and plant patents do NOT require maintenance fees.

SMALL ENTITY: Qualifies for 40% reduction on most fees. Requirements: (1) An independent inventor who has not assigned, licensed, or is not obligated to assign/license to a large entity; (2) A non-profit organization; (3) A small business under the Small Business Administration definition (generally fewer than 500 employees for technology companies); if any rights are held by a large entity that does not qualify, small entity status cannot be claimed. MICRO ENTITY: Qualifies for 60% reduction. Requirements are stricter: (1) Qualifies as a small entity; AND (2) Has not been named as inventor on more than 4 previously filed patent applications (excluding PCT applications and applications filed in another country); AND (3) Gross income in the previous calendar year did not exceed 3× the median household income ($~219,000 in 2024); AND (4) Has not assigned and is not obligated to assign to an entity with gross income exceeding 3× median. Most solo inventors and very early startups qualify as micro entity.

If maintenance fees are not paid during the window (or within the 6-month grace period with surcharge), the patent EXPIRES and enters the public domain — anyone can practice the invention without a license. After expiration, the patent can be REVIVED within 24 months of the expiration of the grace period if the delay was unintentional — by filing a petition with the outstanding maintenance fee plus a late maintenance fee surcharge ($1,700 large, $680 small, $340 micro for petitions to accept late payment). A patent cannot be revived if: more than 24 months have passed since the grace period expired, or the abandonment was intentional. There is no ability to extend the 20-year patent term to compensate for unintended maintenance fee gaps.