The cost for getting a patent is largely dependent on the type of patent you’re applying for and if you’ll be hiring a patent lawyer. But those additional fees will be discussed later, for now we’ll stick with the fees directly associated with the patent process itself.
You absolutely must pay a filing fee, search fees and examination fees. These fees are due at the time of filing and are non-refundable. Other fees may apply as the process continues. The patent filing fee varies in price based on the type of patent you’re applying for. Filing a Utility patent is currently $330.00. Design patent fees are $220 and Plant patent fees are the same. If you qualify as a “small entity” however you can get a reduction in these fees of almost half. A small entity is defined as an individual inventor, small business or non-profit organization.
Examination fees are also based upon the type of patent and range from $140.00-$220.00. This is basically what you’re paying to have your patent application looked at by a patent examiner. This is a long process and if it takes long enough that your patent must be re-filed, there is a reissue examination fee of $650.00. Having to re-file a patent isn’t very common so this fee shouldn’t concern you too much but know that it is a possibility.
The search fee is what you pay to have the patent examiner look through all current and pending patents and make sure that yours is unique. This process takes many hours and could take months to complete. Those fees vary upon type between $100.00-$540.00. The reissue search fee is at the top end of that spectrum, but again unlikely to be applicable.
Other miscellaneous fees may or may not apply to your patent application, but the three above will be charged no matter what so they are the most helpful to know. There are also a host of fees to consider once the patent is issued or if it is denied. The US Patent and Trademark Office accepts payment in the form of check, cashier’s check, money order, credit card, and electronic funds transfer.
In the event you overpay on fees you can receive a refund for the difference. This is less likely to happen with a patent lawyer, as they know these fees very well, but helpful to know anyway. Requests for a refund must be filed with the patent office within two years from the date the fee was paid. There is an exception if you filed as a small entity, then you must file within three months. Refunds generally take between 4-6 weeks to receive.