Invention Patent Cost Estimates

Utility Patent Cost Estimate

A general utility invention estimate is $9500 total.

Utility Patent Estimate

How much does it cost for a utility idea/invention? Estimate $1600 for the prior art search and patentability evaluation, $4800 to write the patent application, $500 for the U.S. utility patent application filing fee, $1600 to write and file office action responses, and $1000 for issue. Thus, a utility patent costs about $9500 (USD).

Utility Patent Example

For a utility patent example of a new electric device invention, the total patenting cost is $7460. In this case, the prior art search and patentability evaluation cost is $1200. The cost to write the patent application is $3880 followed by $540 for the U.S. utility patent application filing fee. Lastly, there are fees of $880 to write and file office action responses and $960 for issue. (Inventor was a micro entity/paid micro entity fees at the USPTO) (Aug 2022)

Design Patent Cost Estimate

A general design invention estimate is $4800 total.

Design Patent Estimate

How much does it cost for a design idea/invention? Estimate $1200 for the prior art search and patentability evaluation, $2400 to write the patent application, $400 for the U.S. design patent application filing fee, and $800 for issue. Thus, a design patent costs about $4800 (USD).

Design Patent Example

For a design patent example of a sports bottle bag design invention, the total patenting cost is $3790. In this case, the prior art search and patentability evaluation cost is $900. The cost to write the patent application is $1680 followed by $370 for the U.S. design patent application filing fee. Lastly, there is a fee of $840 for issue. (Inventor was a micro entity/paid micro entity fees at the USPTO) (Oct 2022)

Plant Patent Cost Estimate

A general plant patent invention cost estimate is $8500 total.

Plant Patent Estimate

How much does it cost for a plant patent? Estimate $1200 for the prior art search and patentability evaluation, $4200 to write the patent application, $500 for the U.S. plant patent application filing fee, $1600 to write and file office action responses, and $1000 for issue. Thus, a plant patent costs about $8500 (USD). The costs of the biological deposit and any required photos are not included in these costs.

5 Times Patent Applications Incur Costs

There are 5 separable fee events to expect when applying for a patent. These events in chronological order:

1. Professional fee for a prior art search and patentability study (evaluation);
2. Professional fee for patent application writing;
3. Professional fees for submitting the application and paying the patent office’s application filing fees;
4. Professional fees for any patent prosecution responses to office actions; and, if there are allowable claims,
5. Professional fee for paying the patent office issue fee (and for continuing to monitor communications and represent the issued patent).

Important Tip: Patent expenses may be eligible for tax deductions. For more information, check out our article on the relationship between patents and taxes.

The USPTO’s 3 Entity Statuses’ Impact on Filing Fee Costs

1. Regular Entity: Regular entities are inventors and patent applicants that do not qualify for small entity or micro entity status. Regular entities pay the full/usual USPTO filing fee costs.
2. Small Entity: Small entities are inventors and patent applicants that have fewer than 4 other patent applications, fewer than 500 employees, and would qualify as a small business. Small entities pay 60% less than the full/usual USPTO filing fee costs for nearly everything.
3. Micro Entity: Micro entities are inventors and patent applicants that qualify as small entities and whose gross income is less than about $223,740 in the previous year. Micro entities pay 80% less than the full/usual USPTO filing fee costs for nearly everything. Read more in our article on entity status and USPTO fee reduction.

4 Reasons Patent Applications Have Extra Costs

1. Long application filing fees: When patent applications for inventions exceed 100 pages in total (forms included), there is an extra USPTO filing fee for additional pages in increments of 50 pages.
2. Extra claim fees: Patent application filing fees only include a maximum of 20 claims. When patent applications for inventions can benefit from having more than 20 claims, there is an extra USPTO filing fee for each additional claim. For a U.S. micro entity, each claim over 20 is $20 per additional claim.
3. Late filing fees: Responding to office actions (letters from the USPTO) is required within 3 months or less (called the shortened statutory period) from receiving the office action. Nearly all responses can be delayed to 6 months, however, there is an extra USPTO filing fee for each additional month that increases by month.
4. Petition fees: Sometimes petitions are needed, such as when requesting continued examination time. There is an extra USPTO filing fee for each petition (with very few exceptions).

3 Reasons Patent Application Costs Vary by Invention

1. The kind of application the invention needs determines patenting costs. Whether the invention needs a utility, plant, or design patent application will determine the costs of patenting the invention.
2. The complexity of the invention also impacts patenting costs. The more complex the invention, the more description and drawings that are needed. These added documentation requirements add costs in professional fees.
3. Whether international protection is sought impacts patenting costs as well. Patent protection sought in multiple countries will affect patenting costs. While there is an international patenting process, each country requires a separate patent application and filing fees. Applications in additional countries will incur additional professional costs and filing fees.