By Tony N. Woolard, USPTO-registered patent attorney and founder of Harborage Law, PLLC. Updated October 2026.
"How much does a patent cost?" is one of the first questions every inventor asks. The answer has two parts: the government fees the USPTO charges, and the attorney fees for preparing and prosecuting the application. This article covers the government side, using the USPTO fee schedule as revised August 14, 2026.
Short answer
For a utility patent, the USPTO's fees to file, search, and examine a nonprovisional application total $2,000 for a large entity, $730 for a small entity filing electronically, and $400 for a micro entity (as of October 2026). If the patent is allowed, the issue fee is $1,290, $516, or $258. A utility patent then requires three maintenance fees over its life. A design patent's filing, search, and examination fees total $1,300, $520, or $260, its issue fee is the same amount, and it has no maintenance fees.
Your entity size sets the price
The USPTO charges fees at three levels:
Large entity: the standard fee.
Small entity: generally a business whose number of employees, including affiliates, does not exceed 500 persons (13 C.F.R. Section 121.802), a nonprofit organization, or an individual who has not assigned, licensed, or otherwise conveyed rights in the invention to a party that does not qualify as a small entity.
Micro entity: the USPTO describes an 80% reduction on most fees for applicants who qualify. Under the gross income basis, every applicant, inventor, and owner must qualify as a small entity; no applicant or inventor may have been named as an inventor on more than four previously filed applications (with certain exceptions); and no applicant or inventor may have had a gross income in the previous year above the USPTO's maximum, or have assigned or be obligated to assign rights to a party above it. As of September 15, 2026, the USPTO set that maximum at $262,380. Micro entity status also requires filing a micro entity certification in the application.
Utility patent fees (as of October 2026)
Fees are listed as large entity / small entity / micro entity.
Provisional application filing fee: $325 / $130 / $65
Basic filing fee (nonprovisional): $350 / $70 for a small entity filing electronically ($140 on paper) / $70
Search fee: $770 / $308 / $154
Examination fee: $880 / $352 / $176
Filing, search, and examination combined: $2,000 / $730 for a small entity filing electronically / $400
Issue fee (if the application is allowed): $1,290 / $516 / $258
Utility applications filed on paper also carry a non-electronic filing fee of $400 / $200 / $200.
Fees that depend on how the application is drafted
Each claim in excess of 20: $200 / $80 / $40
Each independent claim in excess of three: $600 / $240 / $120
A multiple dependent claim: $925 / $370 / $185
Application size fee, for each additional 50 sheets that exceeds 100 sheets: $450 / $180 / $90
This is one reason careful claim drafting matters. A well-organized claim set can protect the invention without triggering avoidable fees.
Maintenance fees for utility patents
A utility patent stays in force only if maintenance fees are paid at three points after grant (large / small / micro):
3.5 years after grant: $2,150 / $860 / $430
7.5 years after grant: $4,040 / $1,616 / $808
11.5 years after grant: $8,280 / $3,312 / $1,656
Federal law provides a six-month grace period after each due date. Paying during the grace period adds a surcharge of $540 / $216 / $108 (as of October 2026). If a fee is not paid by the end of the grace period, the patent expires (35 U.S.C. Section 41(b)(2)).
Design patent fees (as of October 2026)
Basic filing fee: $300 / $120 / $60
Search fee: $300 / $120 / $60
Examination fee: $700 / $280 / $140
Filing, search, and examination combined: $1,300 / $520 / $260
Issue fee (if the application is allowed): $1,300 / $520 / $260
Design patents have no maintenance fees. Federal law provides that no fee may be established for maintaining a design patent in force (35 U.S.C. Section 41(b)(3)). Our article on design patents versus utility patents explains which one fits your product.
Putting it together: government fees for a utility patent
Filing, search, examination, and issue: $3,290 (large entity), $1,246 (small entity filing electronically), $658 (micro entity)
All three maintenance fees: $14,470 (large entity), $5,788 (small entity), $2,894 (micro entity)
These totals assume no excess claims, no extensions of time, no late-payment surcharges, and no other optional fees. A provisional application, if you file one first, adds its own filing fee.
Government fees are set by the USPTO and may change. The amounts above are from the USPTO fee schedule as revised August 14, 2026; please confirm the current fee on uspto.gov before filing. Attorney fees are separate and quoted as a flat fee in writing before any work begins.
Frequently asked questions
Is a provisional application cheaper than a patent application?
The provisional filing fee is $325, $130, or $65 (as of October 2026), much lower than the fees for a nonprovisional application. A provisional application never becomes a patent on its own, though. Our article on provisional patent applications explains the 12-month rule.
Do I pay all of the fees at once?
No. The filing, search, and examination fees are paid at the start, when the nonprovisional application is filed or within the period the USPTO allows. The issue fee is due only if the application is allowed, and maintenance fees come due 3.5, 7.5, and 11.5 years after the patent is granted.
Why does a design patent cost less than a utility patent?
The USPTO's fees for design applications are lower, a design application contains a single claim (37 C.F.R. Section 1.153), and design patents have no maintenance fees (35 U.S.C. Section 41(b)(3)).
Does the USPTO fee include an attorney?
No. USPTO fees are government charges only. Preparing the application, drafting the claims, and responding to the examiner are separate professional services.
Planning a patent budget?
Harborage Law prepares provisional, utility, and design patent applications for inventors and startups in every state, with flat attorney fees quoted in writing before any work begins. You can learn about our patent services or book a free consultation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
