What you pay for
| Part | What it covers | Typical cost |
|---|---|---|
| USPTO filing fee | The government fee to file the provisional | $65 micro · $130 small · $325 standard |
| USPTO size fee | Only if the filing runs over 100 sheets | $90 micro · $180 small · $450 standard per extra 50 sheets |
| Drafting | Writing the specification from your notes, code and prototypes | About $2,000 to $7,500, depending on complexity |
| Drawings | Figures that show what you built, including variations | Often included in a flat drafting fee |
| Prior-art search (optional) | Checking what already exists before you file | Firms publish $1,000 to $3,000 |
A provisional needs no claims, oath or examination, which is why it costs less than a full application. It still has to describe the invention well enough to support the claims you file later.
Ways to file, from lowest to highest cost
| Approach | Typical total | Trade-off |
|---|---|---|
| Write and file it yourself | $65 to $325 (USPTO fee only) | Cheapest, but a thin description limits what you can claim later |
| Write it yourself, then get a professional review | $750 to $1,500 with Andrew | Your knowledge of the invention plus a check on gaps |
| Drafted by Andrew (registered patent agent) | $2,500 to $4,500 | Includes drawings and one round of revisions; USPTO fee extra |
| Drafted by a law firm | $3,000 to $7,500 in published flat fees; more for complex inventions | What is included varies, so check drawings and revisions |
What patent firms publish
Not every firm publishes provisional prices, but those that do fall in a fairly narrow band. As of November 2026, published flat fees for a firm-drafted provisional run from about $3,000 to $7,500 in attorney fees, before the USPTO fee. Firms that price by complexity put simple mechanical or software inventions at the low end and complex electrical, biotech or chemical inventions at the high end. One firm says a complex software or medical device provisional can cost about double its $7,500 simple-invention price.
Prices quoted here are each firm's own and change over time. When you compare quotes, check whether drawings, a search and revisions are included.
What drives the cost
- How complex the invention is. A single mechanism costs less to describe than a system with several interacting parts.
- How many drawings it needs. Each variation and edge case you want to keep as a fallback needs to be shown.
- How well-documented the work already is. Specs, diagrams and a running lab notebook mean less time spent reconstructing what you built.
- The type of technology. Firms that price by complexity charge more for electrical, computer, biotech and chemical inventions than for simple mechanical or software ones.
How to spend less without filing less
- Keep a lab notebook while you build. A markdown file of what you tried and what worked is the raw material for the draft. See POC and provisional.
- Sketch before you write. Drawings show possession faster than prose and give you fallback positions. See Draw first, write second.
- File on the one thing that matters. One provisional on the enabling piece usually beats several thin ones. See Provisional vs. NDA.
What comes after 12 months
A provisional holds your filing date for 12 months. To keep that date, you file a full (non-provisional) application, an international (PCT) application, or both, before the year is up. Budget for this from the start.
| Next step | USPTO fees | Other costs |
|---|---|---|
| US non-provisional: filing, search and examination fees | $400 micro · $730 small (filed online) · $2,000 standard | Drafting claims and the full application: firms publish $5,000 to $15,000 |
| Issue fee, if the patent is allowed | $258 micro · $516 small · $1,290 standard | Paid later, after examination |
| International (PCT) application | USPTO transmittal fee: $57 micro · $114 small · $285 standard, plus international search and filing fees | Depends on which countries you plan to enter. Ask for an estimate well before the 12-month deadline. |
Extra claims add fees: each independent claim over three and each claim over 20 costs more. Keeping claims focused keeps fees down.
What should a pre-seed startup budget for patents?
Plan for one provisional on the enabling piece in the first year, about $3,000 to $7,500 at published firm rates, and budget the 12-month decision from the day you file. A full US application adds roughly $5,000 to $15,000 in drafting plus USPTO fees, so know before month 12 whether the signal from your launch justifies it.
The goal is not a portfolio. It is protecting the one thing that changes your bargaining position, cheaply, before you start talking about it.
Common questions
Is the USPTO fee all I pay for a provisional?
Only if you write and file it yourself. The USPTO fee is $65, $130 or $325 depending on entity status. Most of the cost of a provisional is the time to describe and draw the invention well.
Can I file a provisional myself?
Yes. The USPTO accepts provisionals from inventors directly. The risk is a thin description: you can only claim later what the provisional clearly showed, so a rushed filing can protect less than you think.
Do I qualify for the small or micro entity fee?
Most early-stage startups qualify as a small entity, which generally means fewer than 500 employees including affiliates and no obligation to assign or license the invention to a larger company. Micro entity status adds income and prior-filing limits. Check the USPTO rules before claiming either.
What happens if I do not file the full application within 12 months?
The provisional expires and you lose its filing date. A provisional is never examined and never becomes a patent on its own. It only holds your date for 12 months.
Is a cheap provisional worth it?
A provisional is only as useful as what it discloses. Spending less is fine when the description and drawings still show clearly what you built. Spending less by leaving out detail usually costs more later.
USPTO fees: USPTO fee schedule. Entity status: USPTO micro entity status. Published firm prices, checked 2026-11-05: Michael Meyer Law, Hahn & Associates, Rapacke Law Group, Patentspace.
Warning & Disclaimer
Human Authored · AI Assisted · Just being transparent
Andrew Leung is a registered patent agent and an entrepreneur. This guide reflects general educational information. Fees change, and the costs in your case depend on the invention. Nothing on this website constitutes legal advice nor creates an agent-client relationship. For legal advice specific to your situation, consult a registered patent attorney.
Next step