Skip to Main Content

Patents: U.S. Patent Application and Fees

Guide to searching among United States and foreign patents (prior art) to determine whether an idea can be patented.

Applying for a United States Patent

  • The United States Patent & Trademark Office requires an inventor to apply for a patent within 12 months after an invention is first disclosed to the public in order for the patent to be eligible for registration. 
  • The inventor may submit either a provisional or a non-provisional patent application.
  • A provisional patent application gives the inventor 12 months to submit a non-provisional, i.e., full, application if that inventor not ready to file one and establishes a filing or priority date for that patent.  An inventor can apply for a United States patent either in paper by mail or electronically.  However, paper filings are much more expensive while electronic filings are processed at a much lower fee schedule.
  • Getting Started With Filing a Patent Application Online
  • First-Time Filer Expedited Examination Pilot Program serves those who are new to the patent filing process or come from historically underserved geographic and economic areas.
  • On August 1, 2022 Patent Center replaced (EFS) and (PAIR) as a single patent application filing and tracking platform.
  • Beginning June 30, 2023 patent filings not submitted in DOCX format will incur a surcharge of up to $400.
  • Starting April 18, 2023 granted patents will no longer be issued in print but rather as electronic patent grants (eGrants).

United States Patent Processing Fees

Filing a Provisional Patent Application