Many patent attorneys avoid discussing pricing. Some attorneys want to bill hourly, or bill separately for drawings, or otherwise leave the door open to unclear future charges.
I take a different approach. Clear, flat-fee pricing establishes trust from the first conversation and allows you to make informed decisions about protecting your invention.
Transparent pricing benefits both the attorney and the client. The client can budget for patent protection without concern about mounting hourly charges. I can focus on preparing the strongest possible application rather than tracking time increments. This alignment of interests produces better work and stronger attorney-client relationships.
During my initial telephone consultation with you, I can generally provide you with fixed pricing for the services discussed below.
Patent Application Services and Pricing
Patent protection involves several distinct services. Each serves a specific purpose in the application process. Below is my standard pricing structure for utility patents, design patents, and related services.
Patentability Search — $3,000 – $4,000
A patentability search identifies existing patents and published applications that may prevent the Patent Office from granting your patent. I conduct this search before preparing your application, examining prior art that an examiner would likely cite during prosecution.
This search is optional but recommended. The results inform application strategy and provide realistic expectations about the likelihood of obtaining patent protection. Some inventors prefer to proceed directly to filing without a search, accepting the risk that prosecution may reveal blocking prior art.
Provisional Application — $5,500 – $7,500
A provisional application establishes your filing date without triggering examination. This application remains pending for 12 months, during which you must file a utility application to maintain your priority date.
Provisional applications serve inventors who need immediate patent pending status but require additional time to refine their invention, assess commercial viability, or secure funding. The application does not undergo examination and cannot issue as a patent without conversion to a utility application.
If you file a utility application within 12 months, the fee for that application is $5,000 (rather than the standard $9,000 – $12,000 rate), as I incorporate and build upon the provisional application disclosure.
Utility Patent Application — $9,000 – $12,000
A utility application protects the function and operation of your invention. This application undergoes substantive examination by a Patent Office examiner who assesses patentability in view of prior art.
The $9,000 – $12,000 fee covers application preparation and filing. I can generally provide a fixed budget during the initial telephone consultation. Sometimes additional information regarding the invention is required to ensure the pricing is fair.
Examination typically generates at least one Office Action requiring a response. I estimate prosecution costs—responding to Office Actions, conducting examiner interviews, and addressing rejections—at approximately $4,500. Issuance fees add to this total once the examiner allows all claims.
These estimates reflect typical prosecution in cases with moderate complexity. Particularly complex inventions or substantial prior art may require additional work during prosecution.
Optional Track One Prioritized Examination — $2,600 (Small Entity) / $1,600 (Micro Entity)
Standard utility applications wait approximately 18 months for a first Office Action. Track One examination reduces this period to approximately three months.
This accelerated examination requires payment of a government fee in addition to standard filing fees. Small entities pay $2,600; micro entities pay $1,600. Most independent inventors and small businesses qualify for small entity status. Micro entity status has additional income and filing history requirements.
Track One examination suits inventors who need rapid patent resolution for licensing negotiations, investor discussions, or competitive market entry.
Design Patent Application — $3,000
A design patent protects the ornamental appearance of an article of manufacture. This protection covers shape, configuration, and surface ornamentation, but not function or operation.
Design applications typically proceed through examination with fewer rejections than utility applications. Estimated costs for prosecution and issuance total approximately $1,500 beyond the initial $3,000 filing fee.
Design patents suit products where visual appearance drives consumer choice and market differentiation. Many inventors file both utility and design applications for comprehensive protection.
Fixed Fees and Billing Certainty
These flat fees remain fixed. You receive the same thorough preparation and strategic disclosure regardless of the amount of time the application requires me to prepare.
This pricing structure eliminates billing uncertainty and focuses the attorney-client relationship on achieving strong patent protection rather than managing hourly charges. You can plan your intellectual property budget with confidence.
If you have questions about which services suit your invention or want to discuss your specific patent needs, contact me to schedule a consultation. I can assess your invention and recommend an appropriate protection strategy.
Justin Miller is a solo patent attorney. In 2025 he started his own law firm, Distinct Patent Law, after nearly 15 years of practice. His firm is located in Saint Petersburg Florida. He serves clients in Tampa Bay, and because patent law is federal, can file patent applications for clients all over the United States.