As of April 2020, the provisional filing fee is $70-$280 and a utility application typically costs $430-$1,720, depending on the size of the entity that is filing. These are the fees the USPTO charges for filing, excluding patent attorney or agent drafting fees. While these numbers make a provisional application look more attractive compared to a utility application, keep in mind that a provisional application defers the costs of a utility application. The provisional application must be converted to a utility application no later than one year after the provisional filing date to keep the application progressing toward a granted patent.
The definitions of micro, small, and large entity are too involved to include here. Contact me for more information.
| Provisional | Utility | |
| Micro entity | $70 | $430 |
| Small entity | $140 | $860 |
| Large entity | $280 | $1,720 |
Next steps
While an optional step towards a granted patent, a provisional patent application can secure you an earlier filing date while leaving options for refining the invention and delaying the expense of a utility application. This is a powerful tool provided by the USPTO!
Continue learning about provisional patent applications with What is a provisional patent application? and When should I file a provisional patent application?
Contact me for help developing the right intellectual property strategy. I have been registered to practice before the USPTO since 2007. Before then, I was a systems and hardware engineer at a large precision agriculture company. I’ve walked the walk, combining experiences of designing products, drafting and prosecuting many patent applications, negotiating many contracts, and operating my own business.
To discuss intellectual property strategies for your inventions, contact me at 515-727-1633 or melinda@vanderveldenlawfirm.com.
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Disclosure and limitation: This guide is for informational purposes only. The contents of this guide are not legal advice, and no attorney client relationship has been formed.