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New to patents? Start here.

A patent is a right granted by the government to stop others from making, using, or selling your invention. A utility patent lasts 20 years from filing; a design patent lasts 15 years from grant. And the US is first-to-file: the date you file matters more than the date you invented - which is why every day you wait is a day someone else can file first.

This page walks you through the two kinds of patents, the whole journey from filing to grant, and every government fee along the way - so you know exactly what you're buying before you spend a dollar.

The two kinds of patents

HOW IT WORKS

Utility patent

$995 + ~$800 govt, small entity
Machines, methods, software, formulas, improvements - the classic patent
Examined in ~2–3 years, or ~12 months with Track One
20-year term; maintenance fees keep it alive
Optional $3,995 attorney review
HOW IT LOOKS

Design patent

$899 + ~$520 govt, small entity
The shape or look of a physical product, packaging, or GUI - never how it works
Attorney review and formal line-art figures included in the $899
Faster examination · 15-year term · no maintenance fees
The tool Amazon sellers use against copycat listings
Not sure which one? If what makes your invention valuable is what it DOES, you need a utility patent. If it's what it LOOKS like, you need a design patent. Only physical things with a shape qualify for design - and many products file both.
Built by patent attorneysGovernment fees at cost, no markupYou preview the full application before you pay
The journey - filing to grant

What happens after you file - and what the government charges

The stages below follow a utility application. All fees are USPTO small-entity rates from the official fee schedule; most individual inventors qualify for these or better. Design patents follow a shorter, cheaper version of the same road - faster examination, ~$520 at filing, and no maintenance fees at all.

1

File the application

Your priority date is locked the day the application is filed. From this day you can mark the invention patent pending.

$800filing + search + examination, small entity
2

Publication (~18 months)

The office publishes your application on its standard schedule. Nothing to do, nothing to pay - your place in line is already set.

$0automatic
3

First office action (~18–30 months)

The examiner responds - most applications get at least one rejection or objection. It's a negotiation, not a verdict. You respond with arguments or claim amendments.

$0**extensions of time, if you run late: $226–$3,180 small entity
4

Allowance & issue fee

Claims allowed. Pay the issue fee and the patent grants a few weeks later - now you can sue infringers and mark products 'patented.'

$516utility issue fee, small entity
5

Maintenance fees (utility only)

Three payments keep a granted utility patent alive for its full 20-year term. Miss one and the patent expires.

$860 · $1,616 · $3,312at 3.5, 7.5, and 11.5 years, small entity

Add it up: a typical small-entity utility patent costs about $1,300 in government fees from filing through grant, plus about $5,800 in maintenance over its life. Track One accelerated examination adds $1,806 at filing and targets a decision in ~12 months instead of 2–3 years. Review the full fee schedule on uspto.gov

Utility vs. provisional

Two ways to start - one destination

Both lock in your priority date the day they're filed, and both let you say patent pending. The difference is what happens next.

THE PLACEHOLDER

Provisional application

$199 + ~$130 govt, small entity
Locks your filing date for 12 months at the lowest cost
Never examined - the office doesn't even read it
Never becomes a patent by itself - it expires at 12 months
You MUST convert to a utility application within 12 months or the date is lost forever
THE REAL THING

Utility application (non-provisional)

$995 + ~$800 govt, small entity
The application the office actually examines
The only one that can become a granted patent
Starts the examination clock immediately
Accelerate with Track One (+$1,866 small entity) for a decision in ~12 months
The 12-month conversion clock is the single most missed deadline in patent law. File provisional if cash is tight and you can commit to converting within the year; file utility if you're serious now - it skips the second fee and starts examination immediately. Either way, the date you file first is the date that counts.