Get a better understanding of USPTO fees and legal fees with our easy-to-read guide.
Working towards obtaining a patent registration is an exciting yet complex process. The USPTO has a system with crucial steps to get your patent registered. Part of these steps includes paying USPTO fees directly related to your registration plus you will incur legal fees for the assistance and guidance getting the application filed and the patent registered.
The path to complete a patent registration may start at 11 months. Depending on your company’s size, those fees may vary depending on the type of registration to be filed: provisional or non-provisional, for utility patent, design patent, or both.
At the end of this guide, you will find answers to your questions and resources to estimate your investment for patent registration. Innovent Law specializes in patents and trademark registration. You can check our flat fee pricing page here.
What is a USPTO Filing Fee?
A USPTO filing fee is a mandatory fee paid to the United States Patent and Trademark Office (USPTO) when submitting a patent application, this fee covers the official process of reviewing and potentially granting your patent application. Importantly, the fee varies depending on the type of patent application. For instance, the costs differ between a provisional patent application, a non-provisional patent application, and a design patent application. You can find a detailed list of these fees in the USPTO Fee Schedule.
What are Legal Fees?
Legal fees are the costs associated with hiring a patent attorney or agent to assist with the patent application process. These fees cover services such as drafting the application, conducting prior art searches, responding to USPTO office actions, and offering strategic legal advice. Legal fees vary based on the complexity of the invention, the experience of the attorney, and the specific services required.
What’s the Difference Between USPTO Fees and Legal Fees?
USPTO fees are official government fees paid to the patent office for processing your application. Legal fees, on the other hand, are payments made to patent professionals for their expertise and services in preparing and prosecuting your application. While USPTO fees are relatively standardized, legal fees can vary widely depending on the complexity of the invention, the experience of the attorney, and the specific services required.
Design Patent Application Costs
Design patents protect the ornamental design of a functional item. The USPTO filing fee for a design patent application is approximately $200 for a small entity. Legal fees for preparing and filing a design patent can range from $2,000 to $3,500. This includes preparing detailed drawings that meet USPTO standards.
Utility Patent Application Costs
Utility patents protect the functional aspects of an invention. The USPTO filing fee for a utility patent application is about $300 for a small entity. Legal fees for utility patent applications are the highest, typically ranging from $10,000 to $20,000 or more. These costs cover extensive documentation, claims drafting, and potential revisions based on USPTO feedback. For a deeper dive into utility patents, check out our detailed guide on Utility Patents.
Provisional Patent Application Costs
Provisional patent applications offer a cost-effective way to secure an early filing date. The USPTO filing fee for a provisional patent application is relatively low, typically around $60 for a micro entity and $120 for a small entity. However, legal fees for drafting a provisional application can range from $1,500 to $3,000. This cost includes the preparation of detailed descriptions and drawings.
Non-Provisional Patent Application Costs
Non-provisional patent applications require a more detailed submission and thus incur higher costs. The USPTO filing fee for a non-provisional patent application is about $300 for a small entity. Legal fees for a non-provisional application can range from $8,000 to $15,000, depending on the complexity of the invention. These fees cover comprehensive documentation, claims drafting, and filing.
Patent Expedition
If you wish to speed up your patent application, additional fees apply. The USPTO offers programs like Prioritized Patent Examination Program (Track One prioritized examination), which incurs an extra fee of $840 for micro entities, take in consideration the legal fees for expedited services can also increase due to the additional work required. Learn more about Patent Expedition options and costs.
Do the USPTO Fees Increase Every Year?
USPTO fees can increase periodically to adjust for inflation and administrative costs, to give you an example, the new structural fee for 2025 includes adjustments across various fee categories. Staying updated with these changes is crucial for budgeting your patent expenses. More details can be found in the Federal Register’s announcement for 2025 fee adjustments.
Conclusion
Understanding USPTO fees and legal fees structure is essential for planning your patent application budget, remember that USPTO fees are standard charges for processing your application, legal fees vary based on the services provided by patent professionals. Whether you’re filing for a provisional patent application, non-provisional patent application, or design patent application, knowing and understanding these costs helps you prepare better. For more insights on patent costs, visit our Patent Costs page.
Innovent Law specializes in patents and trademark registration. Our team can guide you through the complexities of patenting your invention. Contact us to learn more about our services and flat fee pricing.