What are the government fees for filing a Non-Provisional Patent Application at the USPTO?
All of the fees listed below are United States Patent and Trademark Office Fees (USPTO) or “government fees” for filing a non-provisional utility patent application (see USPTO Fees webpage) in addition to “post-allowance” fees which are required if a patent grant is obtained (issue & maintenance fees). For professional service (attorney fees) pricing information, each individual practitioner/organization sets their own professional service fees.
As the USPTO fees listed below may have changed since this article was published, the reader is respectfully requested to review the USPTO Fees webpage for a current fee schedule.
Small Entity | Reduced Fees
The USPTO provides reduced fees of 50% to parties which qualify as a “Small Entity” for a variety of items (e.g., basic application filing fees, extension of time, revival, appeal, patent issue, statutory disclaimer and maintenance fees). The USPTO defines a small entity as: 1) a “small business concern” which has less than 500 employees and has not conveyed, licensed, assigned or granted the invention to a large-entity; and 2) a non-profit organization (see MPEP 509.02 entitled “Small Entity Status – Definitions” for more specific details). However, not all patent fees are reduced (e.g., petition and processing fees, document supply fees, etc.). Additionally, patent practitioner professional service fees are separate from the (government) patent application filing fees listed below.
Large Entity | Fees
USPTO Filing Fees*: $1090 (Basic Filing Fee ($330)** + Utility Search Fee($540) + Examination Fee ($220)) (please note that additional “claim fees” are required for a patent application which : 1) exceeds 20 claims; 2) exceeds 3 independent claims; or 3) includes multiple dependent claims). (see USPTO Fees webpage)
Furthermore, if a patent grant is obtained, the following post-allowance fees must be paid (issue fee is paid shortly after an allowance is received while maintenance fees are payable at the listed intervals):
Issue Fee*: $ 1,510
Publication Fee: $300 (no small entity discount)
Maintenance Fees*:
Due at 3.5 years : $ 980
Due at 7.5 years : $ 2,480
Due at 11.5 years : $ 4,110
* Each of the above fees is reduced by 50% for parties which qualify for Small Entity status
** Small entities which file electronically pay a “Basic Filing Fee” of $82 (vs. $165 for non-electronic filing)