Patent Filing Cost Estimator
Estimate the real cost of filing a patent by combining government fees, drafting, drawings, and expected prosecution. Fees vary by entity size and change over time, so you enter the current fee amounts for accuracy.
Patents Are a Process, Not a Single Fee
People often talk about “getting a patent” as if it were a one‑step purchase. In reality, a patent is the result of a multi‑stage legal and technical process. You draft an application, file it, respond to examiner rejections, possibly amend claims, and eventually (if allowed) pay an issue fee. Then, if you want to keep the patent in force, you pay maintenance fees over the life of the patent. Each stage can add cost, and the uncertainty is why many founders and inventors under‑budget.
A good cost estimate has to separate what is certain from what is probabilistic:
- Mostly certain: filing fees, drafting fees, drawings, and the issue fee if the patent is granted.
- Probabilistic: office actions, responses, interviews, requests for continued examination (RCE), and appeals.
- Lifecycle: maintenance fees at set times after grant.
This estimator models the expected cost by combining a baseline with an “expected prosecution budget” driven by the probability of office actions and the expected number of rounds. Because government fees vary by country, entity size (micro/small/large), and change over time, this calculator does not hard‑code a specific fee schedule. You enter current fees based on your jurisdiction (e.g., USPTO fee table) and your filing strategy, and the calculator does the math accurately.
Provisional vs Non‑Provisional (Utility) Applications
A provisional application is a lower‑formality filing that can establish an early priority date and gives you 12 months to file a non‑provisional application claiming priority to it. It is not examined and cannot become a patent by itself. A utility (non‑provisional) application is examined and can mature into a patent.
Many startups use a provisional to “buy time” while refining the invention or testing the market. The tradeoff is that you pay for two filings (provisional plus utility) and you must ensure the provisional disclosure is complete enough to support later claims. Costs differ primarily in drafting complexity and government fees.
Cost Model and Formulas
Let:
- G = government filing fees (for your chosen application type)
- D = drafting and attorney preparation cost
- R = drawings/illustrations cost
- p = probability of at least one office action
- n = expected number of office action rounds (if they occur)
- C = average cost per office action response
- I = issue fee (if granted)
- m = probability of grant (planning assumption)
Upfront filing cost is simply G + D + R. Expected prosecution cost is modeled as p × n × C. Expected issue cost is m × I. Total expected cost to allowance is:
Maintenance fees, if applicable, are added as a lifecycle budget after grant.
Worked Example
An inventor files a U.S. utility application. Government fees (filing + search + examination) for their entity size total $900 (illustrative). Drafting and attorney prep is quoted at $9,500. Drawings cost $450. They assume an 85% chance of at least one office action, with an expected 2 rounds at $1,600 per round. Issue fee is $600, and they assume a 70% chance of grant.
Upfront: $900 + $9,500 + $450 = $10,850.
Expected prosecution: 0.85 × 2 × $1,600 = $2,720.
Expected issue: 0.70 × $600 = $420.
Expected cost to allowance: $10,850 + $2,720 + $420 = $13,990.
That number is not a guarantee, but it is a far more realistic budget than “it costs $900 to file.”
Comparison Table: Common Cost Drivers
| Driver | Increases Cost Because… | What You Can Do |
|---|---|---|
| More claims / complex invention | More drafting and more examiner scrutiny | Prioritize core claims; use continuations strategically |
| Office actions | Requires attorney responses and amendments | Draft strong spec; do a prior art search |
| RCE / appeal | Extends prosecution and adds fees | Budget contingencies; decide when to abandon |
| International protection | Multiple jurisdictions and translations | Focus on key markets; stage filings over time |
Limitations and Assumptions
This estimator is a budgeting tool, not legal advice. It assumes:
- You enter current government fees for your jurisdiction and entity size.
- Office action probability and counts are scenario inputs; real outcomes vary by art unit and claim scope.
- Grant probability is a planning input, not a prediction.
- Post‑grant enforcement and litigation costs are not included.
Use the output to plan cash needs and to compare strategies (provisional-first vs direct utility, higher drafting investment vs lower initial cost). For important inventions, get a written quote from a qualified patent attorney and confirm government fees from the official fee schedule.