Key takeaways
- USPTO fees are the smaller share. Filing a full utility application costs $400 to $2,000 in government fees depending on your entity size. Professional drafting is the larger share.
- Entity status is the biggest lever on government fees. Small entities pay 60 percent less and micro entities pay 80 percent less, on nearly every fee. Foreign applicants qualify too.
- Flat-fee pricing removes the guesswork. A fixed quote for each stage means you know the cost before the work begins.
"How much does a patent cost?" is the first question most inventors ask, and the honest answer is "it depends," which helps nobody. So here is a straighter one. The US Patent and Trademark Office publishes its fees to the dollar, and they are modest. The larger cost is the professional work of searching the prior art, writing an application that can survive examination, and responding to the examiner. This guide lays out the government fees, stage by stage, using the USPTO fee schedule in effect since January 19, 2025, and explains how to get a firm number for the rest.
The short answer
A patent budget has two parts. The first is USPTO government fees, which are published to the dollar, are the same for everyone in a given entity class, and are laid out in the table below. The second is professional fees for the practitioner who searches the prior art, drafts the application, and responds to the examiner. Professional fees are the larger part of almost every patent budget, and they vary with the complexity of the invention and who you hire, which is why a written flat-fee quote is the only reliable way to know your total in advance.
First, know your entity status
Nearly every USPTO fee has three prices, and which one you pay depends on who you are:
- Large entity (standard fee). Companies with 500 or more employees, counting affiliates, and anyone who has licensed the invention to such a company.
- Small entity: 60 percent off. Individuals, nonprofits, universities, and businesses with fewer than 500 employees.
- Micro entity: 80 percent off. Small entities who have also been named on fewer than five prior US nonprovisional applications and whose gross income is below a limit the USPTO resets each year (currently $262,380). Employees of universities also qualify.
Most first-time inventors are micro entities. Most startups are small entities. Status is certified when you file and must be rechecked each time a fee is paid.
USPTO fees by application type and entity status
| USPTO fee | Micro entity | Small entity | Large entity |
|---|---|---|---|
| Provisional application (filing) | $65 | $130 | $325 |
| Nonprovisional utility application (filing + search + examination) | $400 | $800 | $2,000 |
| Design application (filing + search + examination) | $260 | $520 | $1,300 |
| Each independent claim over 3 | $120 | $240 | $600 |
| Each total claim over 20 | $40 | $80 | $200 |
| Request for continued examination (first) | $300 | $600 | $1,500 |
| Track One prioritized examination | $903 | $1,806 | $4,515 |
| Utility patent issue fee | $258 | $516 | $1,290 |
| Design patent issue fee | $260 | $520 | $1,300 |
| Maintenance fees, total over 20-year term (3.5 + 7.5 + 11.5 years) | $2,894 | $5,788 | $14,470 |
A utility patent protects how an invention works. A design patent protects how it looks. Design applications are cheaper at every step, have no maintenance fees, and issue faster, but they only stop copies that look substantially the same. Many products are best covered by both.
Costs after the patent issues
A utility patent lasts 20 years from its filing date, but only if the owner pays maintenance fees at 3.5, 7.5, and 11.5 years after issuance. Each one is larger than the last, which is deliberate: the USPTO wants owners to let patents that are no longer earning their keep expire. Treat each payment as a business decision. Design patents have no maintenance fees at all.
Foreign inventors: filing in the US
The United States is the world's largest single patent market, and the USPTO treats applicants from every country the same way on fees. Foreign inventors pay the same government fees as US applicants and qualify for the same small and micro entity discounts. The micro-entity income limit applies in US dollars at the exchange rate on the date you file.
Two things change the budget for applicants outside the US:
- You must file through a US-registered practitioner. Since July 20, 2026, applicants domiciled outside the United States are required to be represented by a USPTO-registered patent attorney or agent in all patent matters. Our guide to the 2026 practitioner requirement explains the rule in detail. The practical effect is that the practitioner's fee is a fixed part of the cost of a US filing.
- Translation and priority documents. If your home-country application is not in English, you will need a translation, and your US application should claim priority to it within 12 months under the Paris Convention, or enter the US national stage from a PCT application by 30 months. Translation costs depend on length and language.
Elevate Patent Group works specifically with international applicants, inventors, and overseas law firms that need a reliable US representative. We prepare and file applications that meet USPTO formal requirements the first time, prosecute them through examination, and do it at a low, competitive price. Because every filing is quoted as a flat fee in advance, an applicant in Seoul, Warsaw, or São Paulo knows the full cost of their US filing before any work begins, with no hourly surprises and no currency guesswork.
Why flat-fee filings matter
Traditional patent work is billed by the hour, which makes the total impossible to know in advance and rewards slow work. A flat fee is a fixed price for a defined deliverable: a search and opinion, a provisional, a nonprovisional, an office action response. You see the number, you approve it, and that is what you pay. For inventors and startups on a budget, and for foreign applicants managing filings across several countries, that predictability is often worth as much as the savings. Our practice quotes every stage as a flat fee, and we tell you up front what is included.
Ways to lower the cost without weakening the patent
- Claim the right entity status. This alone cuts government fees by 60 or 80 percent for the life of the patent.
- Search first. A prior-art search that steers you away from a dead end is the best money in the process.
- Hand over a thorough disclosure. A written description, sketches, and a clear statement of what is new let your practitioner draft faster and better.
- Stay within 3 independent and 20 total claims unless there is a strategic reason to pay for more.
- Use the provisional year. Test the market under "patent pending" before committing to the nonprovisional.
- Ask for flat fees so the budget is known before the work begins.
Where not to economize. The cheapest application is rarely the cheapest patent. A thin specification cannot be fixed after filing, because new matter cannot be added, and claims the original description does not support will not get the original filing date. Spend on the specification and claims. Save everywhere else.
Elevate Patent Group is the practice of Ben Bolingbroke, USPTO-registered patent agent, Reg. No. 83638. We prepare and prosecute US patent applications for inventors, startups, universities, and international applicants, with flat-fee pricing quoted up front for every stage. See our patent services →
Want a number for your specific invention? Book a free 20-minute strategy call or send us a note describing what you have built, and we will tell you what it would cost to protect it and which filing makes sense first.
Sources
- USPTO fee schedule (effective January 19, 2025)
- USPTO: Micro entity status and current gross income limit
- 35 U.S.C. § 41(h): 60 percent fee reduction for small entities
- 37 CFR 1.27: Definition of small entities
- 37 CFR 1.29: Micro entity status
- 37 CFR 1.362: Time for payment of maintenance fees
Frequently asked questions
How much does it cost to file a patent application with the USPTO?
Under the fee schedule in effect since January 19, 2025, the government fees to file a nonprovisional utility application (filing, search, and examination) total $400 for a micro entity, $800 for a small entity, and $2,000 for a large entity. A provisional application costs $65, $130, or $325. These figures do not include professional drafting fees.
Can I get a discount on USPTO patent fees?
Yes. Small entities (individuals, nonprofits, universities, and businesses with fewer than 500 employees) pay 60 percent less than the standard fee. Micro entities, who also have fewer than five prior US applications and gross income below a USPTO-published limit, pay 80 percent less. Both discounts are available to applicants outside the United States.
Can a foreign inventor file a US patent application, and what does it cost?
Yes. Applicants from any country can file at the USPTO and pay the same government fees as US applicants, including the small and micro entity discounts. Since July 20, 2026, applicants domiciled outside the US must file through a USPTO-registered patent practitioner, so the practitioner's professional fee is part of the budget.
What is a flat-fee patent filing?
A flat fee is a fixed price, quoted in advance, for a defined piece of work such as a prior-art search, a provisional application, a nonprovisional application, or an office action response. It replaces open-ended hourly billing, so you know the full cost of each stage before the work begins.
Are there costs after a patent is granted?
Yes. To keep a utility patent in force for its full 20-year term, the owner pays maintenance fees at 3.5, 7.5, and 11.5 years after issuance. Under the current schedule these total $2,894 for a micro entity, $5,788 for a small entity, and $14,470 for a large entity. If a fee is missed, the patent expires.
This article is general information about patent practice before the U.S. Patent and Trademark Office and is not legal advice. Every application is different — talk with a registered practitioner about your own situation before acting.