1. Patent Fees in New York : Filing and Application Costs
The initial phase of obtaining a patent involves several filing fees charged by the United States Patent and Trademark Office (USPTO). Patent fees at the application stage include the filing fee, search fee, and examination fee, which vary based on the applicant's status as a large entity, small entity, or micro entity. Small entities receive a fifty percent discount on most patent fees, while micro entities receive an additional discount. Understanding these initial patent fees helps applicants plan their intellectual property budget effectively.
Initial Patent Application Fees
When filing a utility patent application with the USPTO, applicants must pay the basic filing fee, which includes the search fee and examination fee combined. As of current USPTO schedules, large entities pay approximately nine hundred dollars, small entities pay four hundred fifty dollars, and micro entities pay two hundred twenty-five dollars for these combined fees. Design patent applications have lower patent fees, typically around two hundred dollars for large entities and one hundred dollars for small entities. Provisional patent applications, which provide an earlier filing date, cost less than utility applications, making them an affordable option for preliminary protection. Plant patent applications carry similar fees to design patents. These initial patent fees must be submitted with the application to avoid rejection or abandonment.
Additional Prosecution Fees
During patent prosecution, the USPTO may charge additional patent fees for various requests and amendments. If an applicant files more than one independent claim or more than twenty total claims, excess claim fees apply. Amendment fees may be required if applicants modify their application after the initial filing. Patent fees for requests to continue examination, continuation applications, or divisional applications provide pathways for applicants to pursue broader protection or address examiner rejections. Applicants working with an attorney specializing in patent prosecution and portfolio management can optimize claim strategies to minimize excess patent fees while maintaining comprehensive protection.
2. Patent Fees in New York : Maintenance and Renewal Requirements
After a patent is granted, patent fees do not end. Utility patents require maintenance fees to keep the patent in force during its twenty-year term from the filing date. Maintenance fees are due at three and one-half years, seven and one-half years, and eleven and one-half years after the patent grant date. Failure to pay maintenance patent fees on time results in patent expiration, allowing competitors to use the invention freely. Understanding these ongoing patent fees is critical for maintaining valuable intellectual property assets.
Maintenance Fee Schedules and Amounts
Patent fees for maintenance increase at each renewal interval. For large entities, the first maintenance fee is approximately one thousand nine hundred dollars, the second is approximately three thousand seven hundred dollars, and the third is approximately five thousand seven hundred dollars. Small entities pay fifty percent of these amounts, while micro entities receive an additional discount. Patent fees can be paid with a grace period of up to six months after the due date, though a surcharge applies for late payment. The USPTO provides online tools and payment systems to facilitate timely payment of patent fees, and applicants can authorize automatic payment to ensure compliance.
3. Patent Fees in New York : International and Additional Costs
Protecting inventions beyond the United States requires additional patent fees for international filings. The Patent Cooperation Treaty (PCT) provides a streamlined process for filing patent applications in multiple countries, though PCT patent fees apply. Individual country patent fees vary significantly based on local patent office requirements and prosecution complexity. Applicants considering global protection should budget for these substantial international patent fees. Consulting with patent counseling services helps applicants develop cost-effective international filing strategies.
Types of International Patent Fees
| Fee Type | Typical Cost Range | Purpose |
|---|---|---|
| PCT Filing Fee | One thousand two hundred to two thousand dollars | Initial international patent application filing |
| National Phase Entry | Five hundred to three thousand dollars per country | Transitioning PCT application to individual countries |
| Translation Fees | One thousand to five thousand dollars | Professional translation of patent documents |
| Foreign Attorney Fees | Varies by country and complexity | Local counsel representation in each country |
Fee Reductions and Waivers
The USPTO offers fee reductions for small entities and micro entities, significantly lowering patent fees for qualifying applicants. Micro entity status requires meeting specific income thresholds and provides additional savings beyond small entity discounts. In exceptional cases, applicants facing financial hardship may request patent fee waivers or reductions through formal petitions to the USPTO. The Patent Term Adjustment (PTA) system may extend patent protection if the USPTO causes delays, effectively extending the period during which maintenance patent fees are required. Understanding available fee reduction options ensures that cost does not become a barrier to patent protection.
4. Patent Fees in New York : Planning and Management Strategies
Effective management of patent fees requires strategic planning throughout the patent lifecycle. Applicants must track application deadlines, maintenance fee due dates, and renewal timelines to avoid inadvertent abandonment of valuable patents. Many patent holders use docketing systems or work with patent professionals to manage patent fees and ensure timely payments. Federal patent law, codified in Title 35 of the United States Code, establishes patent fees and their schedules. The USPTO updates patent fees periodically, typically increasing them annually, so applicants should budget for potential increases when planning long-term patent protection strategies.
Budgeting for Patent Fees Throughout Patent Life
A comprehensive patent fee budget should account for all costs from initial filing through patent expiration or abandonment. Early-stage patent fees include filing, search, and examination costs, typically ranging from one thousand to five thousand dollars for utility patents when including attorney fees. Mid-stage patent fees cover prosecution amendments, continuation applications, and potential appeals, adding another two thousand to ten thousand dollars depending on prosecution complexity. Late-stage patent fees include maintenance fees totaling approximately ten thousand dollars over the patent term for large entities. International filings multiply these costs significantly, potentially reaching fifty thousand to one hundred fifty thousand dollars for comprehensive global protection. Applicants should establish patent fee reserves and review their patent portfolio annually to identify underperforming patents that may not justify continued maintenance patent fees.
29 Jan, 2026
