How Much Does It Cost For a Patent?

The U.S. Patent and Trademark Office (USPTO) establishes fees for patenting unique, non-obvious inventions. Because there are different types of patents, these fees vary, depending on those due at the time of the initial application and during the maintenance intervals required during a patent's 20-year life. A filing fee, search fee and examination fee are due with an initial application. Patent applications with more than 3 claims are subject to additional charges. It is important to note that fee structures are not static. The below represent the USPTO 2009 fee schedule and apply to patents filed on or after December 8, 2004.

Initial Filing Fee

The initial filing fee for a utility patient is $330. Initial filing fees for design and plant patents are $220.

Patent Search Fees

The search fee is $540 for a utility patent; $100 for a design patent; and $330 for a plant patent.

Patent Examination Fees

The examination fee is $220 for a utility patent; $140 for a design patent; and $170 for a plant patent.

Patent Maintenance Fees

The maintenance fee for patents is $980 at the 3.5-year interval; $2,480 at the 7.5-year interval; and $4,110 at the 11.5-year interval.

Other Applicable Fees

Other fees may be necessary during the prosecution of a patent and the patent's 20-year term. These may include extension of time fees, post-issuance fees, financial service (administrative) fees and trademark processing fees. Additional fees will be incurred if a patent application needs to be appealed.

Fees for Additional Claims

If a patent application contains more than 3 claims, an additional $220 is charged (per claim). The cost of more than 10 claims is $52 per claim.

Resources

• USPTO 2009 Fee Schedule