Quick Answer:
How much does a patent cost? A patent from initial filing through issue typically costs between $10,000 and $25,000+ depending on patent type and complexity. Provisional patents applications generally cost $3,000–$6,000. Utility patent applications cost $4,000–$8,000+ to prepare and file again depending on complexity. Design patent applications cost $2,000–$5,000. These costs include attorney fees and USPTO filing fees.
If you are an inventor or startup founder, understanding patent costs is critical before you invest time and money into protecting your idea. Patent costs vary widely based on what you are protecting, how complex your invention is, and whether you work with a patent attorney.
This guide breaks down exactly what patents cost in 2026, what drives those costs, and how to budget for patent protection without overpaying or under-protecting your invention.
What Affects Patent Costs?
Patent costs are not one-size-fits-all. Several factors determine the final price:
- Type of patent: Utility, design, or plant patents and patent applications each have different requirements and costs.
- Complexity of the invention: Software, mechanical devices, and biotech inventions require different levels of detail and expertise.
- Patent attorney fees: Experienced attorneys are critical to the patent process and generally produce stronger, more defensible patents.
- USPTO filing fees: Government fees vary based on entity size (micro, small, or large).
- Number of claims: More claims mean more protection, but also higher costs.
- Office Actions: If the USPTO requests revisions, responding costs additional attorney time.
Understanding these factors helps inventors make smarter decisions about when and how to file.
Provisional Patent Costs
A provisional patent application is a temporary filing that establishes an early filing date. It gives you 12 months to develop your invention before filing a full non-provisional patent.
Average cost: $3,000–$6,000
What it includes:
- Detailed description of the invention
- Technical drawings or diagrams
- Attorney drafting and filing
A provisional patent does not get examined by the USPTO and does not become an enforceable patent on its own. It is a placeholder that protects your priority date while you refine your invention or raise funding.
Many startups file provisional patents before pitching to investors. This shows that intellectual property protection is underway without the full cost of a non-provisional filing.
At Schell IP, we help founders file strategic provisional patents that support funding rounds and product development timelines.
Utility Patent Costs
A utility patent protects how an invention works. This is the most common type of patent and applies to machines, processes, software systems, chemical formulas, and manufacturing methods.
Average cost: $10,000–$20,000+
What affects the cost:
- Complexity: Software and AI patents require detailed technical descriptions and often cost more than mechanical inventions.
- Number of claims: Each claim defines what you legally own. More claims mean broader protection but higher costs.
- Prior art searches: Comprehensive searches prevent rejections and strengthen applications.
- Office Actions: Responses to USPTO rejections or requests cost additional attorney time.
Utility patents are examined by the USPTO, which can take 1–3 years. During this time, you may need to respond to Office Actions, which adds to the total cost.
Design Patent Costs
A design patent protects the ornamental appearance of a product. This includes shapes, patterns, and visual features, but not how the product functions.
Average cost: $2,000–$5,000
Design patents are faster and cheaper than utility patents because they require less technical detail. They are common for consumer products, packaging, and user interfaces.
When to file a design patent:
- Your product has a unique visual appearance
- Competitors could copy the look without infringing function
- You want faster, cheaper protection than a utility patent
Design patents are granted more quickly than utility patents, often within 12–18 months.
Plant Patent Costs
A plant patent protects new, asexually reproduced plant varieties. These are less common but important for agricultural and horticultural inventions.
Average cost: $5,000–$10,000
Plant patents require detailed botanical descriptions and are typically filed by nurseries, agricultural companies, and research institutions.
Patent Attorney Costs vs. DIY Filing
You can file a patent yourself, but most self-filed patents fail. They are often rejected by the USPTO or later invalidated because of weak claims, missing technical details, or improper formatting.
Why patent attorney costs are worth it:
- Stronger claims: Attorneys draft enforceable claims that hold up in court or acquisition due diligence.
- Higher approval rates: Professionally written patents are more likely to be granted without costly revisions.
- Strategic protection: Attorneys help you protect what actually matters to your business, not just your invention.
At Schell IP, Denver patent attorney Jeff Schell works with startups and inventors to file patents that increase company valuation and protect market position.
Average attorney fees by patent type:
- Provisional patent application: $3,000–$6,000
- Utility nonprovisional patent application: $5,000–$8,000
- Design patent: $2,000–$5,000
These fees cover drafting, filing, and initial USPTO correspondence. Additional costs apply for Office Action responses , paralegal and docketing fees, and ongoing prosecution.
Responding to USPTO Office Actions
An Office Action is a formal response from the USPTO that requests changes or clarifications to your patent application. Most patents receive at least one Office Action.
Cost to respond: $2,000–$5,000 per response
Office Actions are common and do not mean your patent will be rejected. A skilled patent attorney knows how to address examiner concerns without weakening your claims.
Budgeting for at least one Office Action is smart planning for any patent filing.
International Patent Costs
If you plan to sell your product globally, you need international patent protection. Each country has its own patent system, which makes international filing expensive.
Patent Cooperation Treaty (PCT) filing: $5,000–$10,000, depending in part on the page count of the application for fees calculations.
The PCT allows you to file one international application that can later be converted into national patents in over 150 countries. However, you still pay separate fees for each country where you want protection.
Average cost per country: $5,000–$15,000
International patents are expensive, but they are necessary if competitors could copy your invention in foreign markets. At Schell IP, we help clients prioritize which countries matter most based on manufacturing, sales, and competitor presence.
Patent Maintenance Fees
Once your patent is granted, you must pay maintenance fees to keep it active.
Utility patent maintenance fees (2026 USPTO rates):
- 3.5 years: $800 (micro), $1,600 (small), $3,200 (large)
- 7.5 years: $1,800 (micro), $3,600 (small), $7,200 (large)
- 11.5 years: $3,700 (micro), $7,400 (small), $14,800 (large)
Design patents do not require maintenance fees.
Missing a maintenance deadline means your patent expires and enters the public domain. Competitors can then legally copy your invention.
How to Reduce Patent Costs Without Sacrificing Protection
File a provisional patent application first: This gives you 12 months to refine your invention and raise funds before paying for a full utility patent.
Prioritize key claims: Protect what truly differentiates your invention from competitors, rather than filing overly broad or unnecessary claims.
Work with a specialized patent attorney: Attorneys who understand your industry write better patents faster, which reduces revisions and Office Action costs.
Plan for international filing strategically: Not every country needs protection. Focus on markets where you manufacture, sell, or face real competition. Learn more about international patent filing strategies.
At Schell IP, we help inventors and startups allocate patent budgets strategically so every dollar invested strengthens business value.
Why Patent Costs Vary by Industry
Different industries have different patent cost structures:
Software and AI patents
These require detailed technical descriptions of algorithms, data processing, and system architecture. Costs typically range from $10,000–$20,000+ because of the complexity required to survive USPTO scrutiny.
Mechanical inventions
These often require detailed drawings and multiple claims to cover variations. Costs range from $8,000–$15,000.
Consumer products
Simpler inventions with fewer claims may cost $5,000–$10,000.
Biotech and pharmaceutical patents
These are among the most expensive, often costing $15,000–$30,000+ due to scientific complexity and regulatory requirements.
Understanding your industry’s typical costs helps you budget appropriately.
What Happens If You Skip Patent Protection?
Choosing not to file a patent may seem like a cost-saving decision, but it often costs far more in the long run.
Without a patent, you risk:
- Competitors legally copying your invention
- Losing investor confidence
- Lower company valuation during acquisition talks
- No legal recourse if someone steals your idea
Patents are not just legal documents. They are business assets that increase company value, attract investors, and create barriers to entry for competitors.
How Schell IP Helps Startups Manage Patent Costs
At Schell IP, we understand that startups operate on tight budgets. That is why we work with founders to create patent strategies that align with fundraising timelines and business goals. We also offer fixed fee and capped fee cost structures.
We offer:
- Transparent pricing: No surprise fees or hidden costs
- Strategic provisional filings: Protect your invention early without overspending
- Investor-ready patents : Written to support due diligence and valuation
- Flexible payment options: Work with your cash flow and funding schedule
Book a free consultation with our team to discuss your invention and get a clear cost estimate.
Frequently Asked Questions
How much does a patent cost on average?
A patent costs between $10,000 and $20,000+ on average, depending on the type and complexity. Provisional patent applications cost $3,000–$6,000. Utility nonprovisional patent applications cost $5,000–$8,000+. Design patents cost $2,000–$5,000. Costs may vary based on your specific project and are subject to review and quotation. These costs are approximated for 2026.
Can I file a patent myself to save money?
Yes, but most self-filed patents fail due to weak claims or improper formatting. Hiring a patent attorney increases approval rates and produces stronger, more enforceable patents.
What is the cheapest type of patent?
A provisional patent is the cheapest option to obtain a patent filing date and patent pending status, costing $3,000–$6,000. It establishes an early filing date and gives you 12 months to file a full nonprovisional or PCT patent application.
How much do patent attorneys charge?
Patent attorneys typically charge $5,000–$8,000 for utility nonprovisional patent applications, $3,000–$6,000 for provisional patent applications, and $2,000–$5,000 for design patent applications. Fees vary based on invention complexity.
Do I need a patent attorney or can I use an online service?
Online services produce generic, template-based patents that are often rejected or easily invalidated. A patent attorney provides strategic, enforceable protection tailored to your business.
How long does it take to get a patent?
Utility patents typically take approximately 1–3 years to prosecute. Design patents take 12–18 months. Provisional patent applications provide patent pending status immediately but must be converted to non-provisional patents within 12 months.
What are USPTO filing fees in 2026?
USPTO filing fees are separate from attorney fees.
How much does it cost to respond to an Office Action?
Responding to a USPTO Office Action typically costs $2,000–$5,000 per response, depending on the complexity of the examiner’s concerns.
Are there ongoing costs after a patent is granted?
Yes. Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years, ranging from $800 to $14,800 depending on entity size. Design patents do not require maintenance fees.
How much does an international patent cost?
International patent protection costs $5,000–$15,000 per country. A PCT filing costs $4,000–$8,000 and allows you to delay country-specific filings for up to 30 months.
Final Thoughts
Patent costs in 2026 range from $3,000-$6,000 for an initial provisional patent application filing to $20,000+ for a complex utility patent. The right investment depends on your invention, industry, and business goals.
Working with an experienced patent attorney ensures your money is spent on strong, enforceable protection that increases company value and prevents competitors from copying your innovation.
At Schell IP, we help inventors and startups navigate patent costs strategically. Whether you are filing your first provisional patent or building a comprehensive IP portfolio, we provide transparent pricing and expert guidance.
Book a free consultation today to discuss your invention and get a personalized capped cost estimate.
