Patenting an invention is an expensive process. Enough so that independent inventors should consider very carefully whether this type of intellectual property protection is worthwhile. We can first break fees down into two rough categories: USPTO fees and attorney fees. Attorney fees vary substantially with the complexity of the invention, and are not strictly necessary--an inventor may obtain a patent for himself without the services of a registered patent agent or attorney.

USPTO fees also vary based on several factors. Currently for a small entity filing a simple utility patent within the length and claim restrictions; these include a filing fee ($140), a search fee ($300) and an examination fee ($360), and--if the patent proceeds to issue--an issue fee ($890). This means a bare minimum of $1690 for a simple patent independently filed by a single inventor or a small entity.

IPWatchdog’s post about patent costs provides a cogent explanation of this complex issue, though the USPTO fees may be out of date. Check the USPTO fee schedule for the most up-to-date values.

This series of short articles is designed to help answer some commonly-asked questions and point readers in the direction of more information. Other articles in the series: Provisional Applications, How to get a patent.