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U.S. Patent Application (Invention Patent) Fees

 

Patent Category

(Filing Fee)

(Search Fee)

(Examination Fee)

(Issue Fee)

Invention Patent (Large Entity)

 

$350

 

$770

 

$880

 

$1290

Invention Patent (Small Entity)

 

$70

 

$308

 

$352

 

$516

 

Invention Patent (Micro Entity)

 

$70

 

$154

 

$176

 

$258

 

Note: For invention patent applications, once the complete materials are submitted, the attorney service fee is $4,699. The service fee does not include Office Action (OA) response fees, which are $2,499.

USPTO official fees are subject to change. Any future fee adjustments will be based on the latest USPTO fee schedule.




Scope of Protection:
New and useful products, processes, machines, compositions of matter, or improvements thereof.
Required Documents:
1. Patent Application
2. Specification
   - Technical Background
   - Summary of the Invention
   - Detailed Description
3. Claims
4. Drawings
5. Abstract
6. Applicant and Inventor Information
7. Declaration or Oath
8. Power of Attorney

Important:
Invention patent applications generally require substantive examination and may take 2–4 years.


U.S. Design Patent Application Fees

 

Patent Type

(Filing Fee)

(Search Fee)

(Exanination Fee)

(Issue Fee)

Design Patent (Large Entity)

 

$300

 

$300

 

$700

 

$1300

Design Patent (Small Entity)

 

$120

 

$120

 

$280

 

$520

Design Patent (Micro Entity)

 

$60

 

$60

 

$140

 

$260

Note: For design patent applications, once the complete materials are submitted, the attorney service fee is $2,699. The service fee does not include Office Action (OA) response fees, which are $999.

USPTO official fees are subject to change. Any future fee adjustments will be based on the latest USPTO fee schedule.


Scope of Protection:
The ornamental appearance of a product, including its shape, surface ornamentation, or combination thereof.

Required Documents:
1. Patent Application
2. Design Drawings or Photographs
3. Design Patent Specification/Statement
4. Applicant and Designer Information
5. Declaration or Oath
6. Power of Attorney
Invention Patent Maintenance Fees Required

 

After a U.S. Invention Patent is granted, maintenance fees must be paid on time to keep the patent in force. Three maintenance fee payments are required during the life of the patent.

Payment deadline

(from the grant date)

Payment window

 

Instructions / Notes

 

3.5 Years

Year 3 – Year 3.5

 First Maintenance Fee

7.5 Years

Year 7 – Year 7.5

Second Maintenance Fee

11.5 Years

Year 11 – Year 11.5

Third Maintenance Fee


If a maintenance fee is missed:
• 6-month grace period available
• Late surcharge applies
• Patent will expire after the grace period if unpaid

Note: U.S. Design Patents do not require maintenance fees.


  • Frequently Asked Questions About Patent Applications

    1. Innovation and Technological Progress

    Patent protection ensures that innovators can exclusively exploit their inventions in the market for a certain period, allowing them to gain greater returns. This incentive encourages innovators to invest more time and resources in technological development, driving continuous progress.

     

    2. Enhancing Business Competitiveness

    Patents effectively prevent competitors from copying or using innovative technologies, protecting a company’s market share and trade secrets. In a competitive market, patents are vital tools for securing market share and expanding business opportunities.

     

    3. Increasing Company Value and Attracting Investment

    A strong patent portfolio can enhance a company’s value and attract investment. Investors are often more willing to invest in companies with innovative technologies and robust patent protection, as these companies demonstrate higher growth potential and market stability.

     

    4. Are Unprotected Patents Vulnerable?

    Patent law requires proactive steps to maintain your rights. For example, in Europe, a properly prepared patent application must disclose the invention to the public—according to Article 54 of the European Patent Convention—before filing in Paris Convention countries (such as the U.S., Europe, and most industrialized nations). “Disclosure” includes providing information about the invention to potential manufacturers or others, without it being considered a confidential disclosure.


  • U.S. Patent Application Examination Process

    I. Application Timeline

    1. Filing receipt: approximately 3 business days;

    2. Notice of Acceptance: 1–2 weeks (in rare cases, the notice of acceptance may be issued together with the first office action, depending on the examiner’s actual issuance date);

    3. Design patent applications undergo substantive examination, with a typical processing period of 12–18 months;

    4. Accelerated examination: approximately 3–6 months (final timelines are subject to the examiner’s review);

    5. Grant period: about 2 months, with both electronic and paper certificates available. The validity period is 15 years.

     

    II. Search Fees

    For U.S. design patent applications, the applicant (an individual or legal entity designated by the applicant) must pay search fees directly to the USPTO. For PCT international patent applications, the search fee must be paid within 3 months of filing, and within 6 months from the application date. Failure to pay the search fee will result in the application being deemed abandoned.

     

    III. Examination Fees

    The United States Patent and Trademark Office (USPTO) charges examination fees for design patent applications. After submission, the USPTO examines whether the application meets formal requirements. If approved, the applicant will receive a notice to pay the required filing and additional fees within a specified time. Upon payment, the USPTO will proceed to grant the patent. If the application does not pass, the examiner will issue a notice requiring payment within a specified deadline; otherwise, the application will be deemed withdrawn.

     

    IV. Grant Fees

    Once the application is approved by the examiner, the applicant must pay a grant fee.

     

    V. Conclusion

    Whether you are a company or an individual, it is essential to fully understand the U.S. design patent application process in advance to avoid delays. For companies in particular, failing to secure or maintain a U.S. design patent may result in losing competitiveness in the U.S. market and even suffering financial losses.