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Patent guide

How much does a patent cost?

By , Co-founder, PatentAssist.ai
Updated

A patent has two kinds of cost: the official fees you pay the patent office, which are fixed and published, and the professional fees for drafting and prosecuting the application, which are not. This guide gives every official US fee that matters for a first patent, explains what drives the professional bill, then covers the European Patent Office more briefly. The estimator below adds up the USPTO fees for your own application.

Quick answer

  • US, to grant: $3,290 in USPTO fees for a large entity, $1,246 for a small entity, $658 for a micro entity (utility patent, 20 claims or fewer, no extensions).
  • US, full term: $17,760, $7,034 or $3,552 once the three maintenance fees are paid.
  • Provisional: $325, $130 or $65. It holds a filing date for 12 months and is never examined.
  • Europe: EUR 5,595 in core EPO fees from filing to grant, before claims, page and renewal fees and the cost of validation.
  • Professional fees: usually the larger part of the total, and they depend on the invention, the claims and how examination goes.

US patent cost: official USPTO fees

The USPTO charges most patent fees at three rates. A small entity pays 60% less than a large entity (35 U.S.C. 41(h)), and a micro entity pays 80% less (section 10(b) of the America Invents Act, as amended by the Unleashing American Innovators Act of 2022). Individuals, businesses with 500 or fewer employees and nonprofits usually qualify as small entities; micro entity status adds an income cap of $262,380 for fees paid from September 15, 2026. The full rules are in our guide to small entity vs micro entity status.

USPTO fee totals by entity size, in US dollars
What Large Small Micro
Provisional application one filing fee; no search, examination or claims fees $325 $130 $65
Utility nonprovisional, to file filing, search and examination; up to 20 claims, 3 independent, 100 sheets, filed in Patent Center in DOCX $2,000 $730 $400
Utility, filing to grant adds the issue fee; no extensions or RCEs $3,290 $1,246 $658
Utility, three maintenance fees due 3.5, 7.5 and 11.5 years after grant $14,470 $5,788 $2,894
Utility, full 20-year life filing, issue and all three maintenance fees $17,760 $7,034 $3,552
Design patent, filing to grant filing, search, examination and issue; no maintenance fees $2,600 $1,040 $520

The utility filing total is three fees paid together: the basic filing fee ($350), the search fee ($770) and the examination fee ($880) at the large entity rate. A small entity filing in Patent Center pays the micro rate on the basic filing fee, $70 instead of $140 (37 CFR 1.16(a)). Every fee, with fee codes, is on our USPTO patent fees page.

What pushes the USPTO bill up

The headline figures assume a tidy application. These are the fees that most often get added, at the large / small / micro rate:

  • Extra claims. $200 / $80 / $40 for each claim over 20, and $600 / $240 / $120 for each independent claim over 3. A multiple dependent claim costs $925 / $370 / $185 once per application.
  • Long applications. Specification and drawings over 100 sheets pay $450 / $180 / $90 for each extra 50 sheets or part of 50 (37 CFR 1.16(s)).
  • Format. A utility application whose specification, claims or abstract is not in DOCX pays $430 / $172 / $86 more, and paper filing adds a non-electronic filing fee of $400 ($200 small or micro).
  • Late replies. Most office actions give 3 months to reply. Extending by one, two or three months costs $235, $690 or $1,590 at the large entity rate (37 CFR 1.17(a)).
  • Continued examination. After a final rejection, a request for continued examination costs $1,500 / $600 / $300 the first time and $2,860 / $1,144 / $572 for each later one.
  • Speed. Prioritized examination (Track One) costs $4,515 / $1,806 / $903 on top of the normal fees.

When each USPTO fee is paid

The cost is spread over more than a decade. This is the order for a utility patent, at the large entity rate:

When USPTO fees for a utility patent fall due
Stage When Large entity
Provisional (optional) Provisional filing fee Day 0, if you start with one $325
Nonprovisional filing Filing, search and examination, plus excess claims and size fees Within 12 months of the provisional, or day 0 $2,000
Examination Extensions of time, RCEs, late IDS fees, if any Typically the first year or two after filing varies
Allowance Issue fee Within 3 months of the notice of allowance $1,290
First maintenance fee 3.5-year fee 3 to 3.5 years after grant $2,150
Second maintenance fee 7.5-year fee 7 to 7.5 years after grant $4,040
Third maintenance fee 11.5-year fee 11 to 11.5 years after grant $8,280

The issue fee period of 3 months cannot be extended (37 CFR 1.311(a)). Each maintenance fee can be paid late during a 6-month grace period with a surcharge, after which the patent expires. The dates are explained in how long a patent lasts.

US patent cost estimator (USPTO fees)

Official fees only. Attorney or agent fees are not included.

Entity status

Total USPTO fees

Assumes filing in Patent Center in DOCX. Design applications have a single claim and no maintenance fees, so the claim, sheet and RCE fields apply to utility applications only. Excludes extensions of time, IDS fees and petitions. Fees from the USPTO fee schedule effective January 19, 2025, checked October 26, 2026.

Professional fees: what drives them

Most of what a patent costs goes to the registered patent attorney or agent who drafts and prosecutes it. We do not quote a dollar range here. The best-known survey of US charges, the AIPLA Report of the Economic Survey, is sold to non-members, and the figures that circulate online are usually old or unsourced. What we can say is what moves the number:

  • The technology. A hinge with three parts can be described in a few pages. A machine-learning pipeline or a pharmaceutical formulation needs alternative embodiments, data and fallback positions, which take far longer to write.
  • How well you describe it. A clear written disclosure with drawings, variants and the problem it solves saves drafting hours. A conversation and a napkin sketch cost more to turn into a specification.
  • The search. A professional prior-art search before drafting is an extra line item, but it shapes claims that survive examination.
  • Drawings. Formal patent drawings are often billed per sheet.
  • Examination. Each office action needs a reply, and many applications get two or more. This is the cost that is hardest to predict at the start; see responding to a USPTO office action.
  • Billing model. Some firms quote a fixed fee for drafting and filing and bill prosecution by the hour; others bill everything hourly. Ask for the estimate in writing, split by stage.

If money is the obstacle, the USPTO's Patent Pro Bono Program matches eligible inventors with volunteer practitioners. Its usual income test is gross household income below three times the federal poverty guidelines. The steps for doing it yourself are in how to patent an idea.

Worked examples

A solo inventor with micro entity status

An engineer files a provisional ($65), then within 12 months a nonprovisional with 22 claims, 4 of them independent, on 60 sheets. Filing, search and examination come to $400, plus 2 claims over 20 at $40 and one independent claim over 3 at $120: $600. If the application is allowed without an RCE, the $258 issue fee brings the official fees to $923. Trimming to 20 claims and 3 independent claims would have saved $200.

A startup with small entity status and a rough examination

A 12-person company files 25 claims, 3 independent, in Patent Center: $730 plus 5 extra claims at $80, so $1,130. It takes a two-month extension on one reply ($276), then files an RCE after a final rejection ($600), and pays the $516 issue fee. USPTO fees to grant: $2,522, against $1,246 for the clean case. The professional time behind those two extra rounds of examination usually costs more than the fees.

European patent cost

The EPO charges in euro, with no general small entity rate. These are the main fees from the Rules relating to Fees in force from April 1, 2026:

  • Filing fee EUR 135 online, plus EUR 17 for the 36th and each later page.
  • Search fee EUR 1,595.
  • Designation fee EUR 720, covering every member state.
  • Examination fee EUR 2,010.
  • Fee for grant EUR 1,135.
  • Claims fees: EUR 290 for each claim from the 16th to the 50th, EUR 720 from the 51st.
  • Renewal fees while the application is pending, from EUR 725 for the 3rd year to EUR 1,865 for the 10th and later years.

The five core fees total EUR 5,595. Micro-enterprises, natural persons, nonprofits, universities and public research organizations get 30% off the filing, search, examination, designation, grant and application renewal fees, unless they have filed five or more European applications in the previous five years (Rule 7a EPC, Article 14(1) RFees). Claims fees are not reduced.

The bigger European cost comes after grant: validating the patent in each country you need, or requesting a Unitary Patent, then paying renewal fees and translations. Our European patent cost guide works through those, the EPO fees page lists every EPO fee, and how to file a European patent application covers the procedure.

The UK is outside the Unitary Patent, so a European patent covers it as a separate national right. Applicants who mainly need UK protection can also file nationally at the UK Intellectual Property Office; our guide to filing a UK patent application lists the current UKIPO fees and compares the two routes.

Where PatentAssist fits in the budget

PatentAssist.ai does not replace your practitioner or the official fees. It drafts claims, the description, the abstract and drawings in USPTO or EPO format from your invention disclosure, so the first draft your attorney or agent reviews is further along, and you can see the claim and page count before the fees are fixed. The free prior-art search helps you check whether the idea is already out there before you spend anything.

Search US patents free, or read about the USPTO patent search. Wondering whether AI can draft the whole thing? See can AI write a patent application.

More patent guides

All guides, by patent office

Patent cost: frequently asked questions

How much does a patent cost in the US?

USPTO fees for a utility patent, from filing to grant, are $3,290 for a large entity, $1,246 for a small entity and $658 for a micro entity, if the application has up to 20 claims (3 independent), stays under 100 sheets and needs no extension or RCE. Keeping it in force for its full term adds $14,470, $5,788 or $2,894 in maintenance fees. Fees for a patent attorney or agent are on top and usually the larger share.

How much does it cost to patent an idea?

An idea on its own cannot be patented; the application has to describe how to make and use the invention (35 U.S.C. 112(a)). The cheapest official entry point is a provisional application: $325, $130 for a small entity or $65 for a micro entity. It never becomes a patent by itself; you have 12 months to file the nonprovisional.

Why do patent attorney fees vary so much?

The work varies. A simple mechanical device with a few figures takes far less drafting time than a software or biotech invention that needs many embodiments and careful claim sets. Prior-art search, the number of claims, drawings, and the number of office actions during examination all change the bill. Ask for a written estimate split into drafting, filing and prosecution.

What is the cheapest way to get a US patent?

Qualify for the right entity status (a micro entity pays 80% less than a large entity on most fees), file in Patent Center in DOCX to avoid the non-electronic and non-DOCX fees, keep to 20 claims and 3 independent claims, and stay under 100 sheets. If your household income is low, the USPTO Patent Pro Bono Program matches eligible inventors with volunteer attorneys and agents.

How much does a European patent cost compared with a US patent?

The EPO's core official fees (online filing, search, designation, examination and grant) come to EUR 5,595 before claims fees over 15 claims, page fees over 35 pages and annual renewal fees from the third year. After grant, validation or unitary effect and national renewal fees add more. A large-entity US utility patent costs $3,290 in USPTO fees to grant.

Do I have to pay maintenance fees on a design patent?

No. Design and plant patents pay no maintenance fees (35 U.S.C. 41(b)(3)). A design patent costs $2,600 in USPTO fees from filing to grant for a large entity, $1,040 small or $520 micro, and lasts 15 years from grant.

Sources: USPTO fee schedule (effective January 19, 2025, last revised August 14, 2026); 37 CFR Part 1 (1.16, 1.17, 1.18, 1.20, 1.311); 35 U.S.C. 41 and notes (see also our annotated section 41); USPTO micro entity income limit; EPO Rules relating to Fees (from April 1, 2026); Rule 7a EPC. Checked October 26, 2026. This page is general information, not legal advice. Fees change by rule, so confirm them on the office's fee schedule before you pay.