Steps and Procedure for getting Patent in US
“Procedure for obtaining a patent in US has the following steps: capturing your idea for creating complete invention disclosure, conducting a patentability search, drafting a patent application, filing the application, publication of application, examination, Office action, responding to objections, and grant of the patent.”
Below, we break down the 2025 USPTO Patent Filing Fees—effective January 19, 2025—for individual inventors, micro entities, small entities, and large entities.
Video : 7 Most Common Misbeliefs About Patents
Cost of getting a Patent in United States (US) in 2025 (Utility Patent)
There are two elements for the cost of getting a patent in US:
- The Patent Office (USPTO)fees or Government fees : Basic Filing Fee, Search Fee, Examination Fee etc.
- Professional fees : Patent agent/attorney fees for drafting, filing, and handling objections
Here is the short answer for the cost of filing patent in US atttoney fees and official fees
- Novelty Search ($250 to $ 400) Optional step
- Provisional patent application drafting ($400 to $600) Optional step
- Complete Patent application drafting (from $1000 to $1,500)
- Official fees or government fees for filing patent at USPTO $400 (micro entity)
- Responding to office actions (from $600 to $800) based on the number of objections received and its complexity.
- Notice of allowance (grant of patent) professional fees $100 – Official fees $258 (micro
entity)
Table for official fees or government fees for Patent filing at USPTO
| Fee Type | Large Entity | Small Entity | Micro Entity / Individuals |
|---|---|---|---|
| Basic Filing Fee | $350 | $140 | $70 |
| Search Fee | $770 | $308 | $154 |
| Examination Fee | $880 | $352 | $176 |
| Total Minimum | $2,000 | $800 | $400 |
The Steps, Procedure, Timeline and Cost for Patent in US
Note: steps highlighted in Orange color are either optional step or depends on case to case and are not mandatory to happen
| Sr. | Stages for Patent (links for more details) | Professional fees | Government Fees | Time required |
| 1 | How to go from Idea to Invention disclosure? Do I need patent agent of attorney | – | – | – |
| 2 | Signing Non-Disclosure Agreement (NDA) | – | – | 10 minutes to sign |
| 3 | Patentability / Novelty Search (Optional step) | $250 to $400 | – | 5 days |
| 4 | Drafting Complete Patent Application | $1000 to $1500 | 10 – 12 days | |
| 5 | Filing patent application | $400 | $400 (micro entity) | 1 – 2 days |
| 6 | Publication of patent application | – | – | After 12 months |
| 7 | Examination of patent application / Faster prioratised Examination is (Optional ) First time filer prioratised examination Track one prioratised examination | $300 | – Track one prioratised examination ($903) micro entity | 1-2 Years |
| 8 | Office Action and Response | $800 | – | – |
| 9 | Grant of patent / Notice of Allowance | $150 | $258 (micro entity) | Depends on pendency at USPTO |
Video : US Patent cost, procedure and timeline – steps from Idea to grant of Patent
Step 1: Going from idea to complete invention disclosure
Every invention has its beginning in an Idea. In this phase, you capture your idea properly, get clarity on each element of the innovative idea, and fill in the blank spots with appropriate research and experiment.
To complete working disclosure or comprehensive invention disclosure of the invention you need to anwer :
- What problem is my invention intended to solve? How does it work?
- What are the elements or components of my invention?
- Can I draw a block diagram or device or flowchart or sketch that explains my invention in a better way?
- How the elements or components are interconnected
- How each element is functioning in accordance with other elements
- Can I search and collect information about all elements, parts or components of my invention so that there are no blank spots?
This is the most important phase for the inventor where we go from an idea stage to a complete invention disclosure that can be discussed with a patent agent or attorney.
Include drawings, diagrams, or sketches explaining the working of the invention. they play an important role in understanding your invention. Once you have your innovative idea completely captured with all technical details, then you perform a preliminary search.
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Step 2: Patentability search or Novelty search (optional step)
In this step, a comprehensive search is conducted to find out whether your invention meets patentability criteria in US which are :
- Novelty
- Non-obviousness
- Utility
The patentability search is aimed towards finding out the novelty and non-obviousness of the invention, the search identifies the closes possible prior arts (known to the public) relating to your invention, and based on the results obtained an opinion about the patentability of your invention may be provided by patent agent or attorney. The patentability opinion may be positive, negative, or neutral.
Video : Patentability search or Novelty search, is it required? advantages of novelty search
A positive patentability opinion indicates you stand a good chance to get your patent granted for your invention. This search (novelty or patetability) saves us from filing patent for an invention for which 100% overlapping prior arts are readily available to public. in such cases the patentability search would give a negative opinion. The patentability report and opinion helps you decide whether to go ahead with the filing of a patent or not, chances are what you thought as a novel might already have been patented or known to the public.
Novelty search or patentability search report saves lots of time, effort and cost for you preventing you from filing an invention which is not Novel. therefore although optional it is a recommended step in patent procedure. For more details on this Refer section on ” novelty search or patentability search ”
Costs: The professional fees for the patent agent or attorney can range from $250 to $400 based on the complexity and subject matter of the invention.
Time: the time required is about 5-7 working days
Why patentability search or Novelty search is recommended (although optional step) ?
- The novel aspect of the invention identified via patentability search can be leveraged while writing patent application and especially claims of patent such that our patent application stands a good chance going through the examination stage to a granted patent.
- In case the patentability opinion is negative, then it saves a lot of cost and time which would have unnecessarily invested in proceeding with the patent filing process and eventually getting the patent application rejected.
- novelty search report stops us from drafting and filing patent for invention which might not be novel and help us in under.
Step 3: Patent drafting / Patent writing
A patent is a techno-legal document, that means patent has technical as well as legal aspects to it. Patent drafting/patent writing is a specialized job, it requires years of practice and experience with patent law as well as an understanding of the field of the invention, along with general understanding of case-laws and overall rules and regulations in patent prosecution to be able to draft a good patent application.
Video : Patent Drafting – Writing Patent Application, how patent attorney work on invention
A patent is not just a technical document. It is a techno-legal instrument that must stand strong both in front of the patent examiner and later, in the commercial world of licensing and enforcement. That is why patent drafting—also called patent writing—is considered one of the most crucial stages in the life cycle of a patent.
A poorly drafted patent application can lead to weak protection, unnecessary office rejections, or even the complete loss of rights. On the other hand, a well-drafted patent application ensures that your idea is protected with the broadest possible scope, while still being legally enforceable and commercially valuable.
Writing a good patent application is one of the most important step in life cycle of a patent and a good patent application written by an experienced patent agent/attorney should survive not only through the examination phase till the grant of patent but also it should survive the commercialization phase where actual money is made by licensing or selling patent rights, where competitors should not be able to work around your patent.
Writing such patent application is a skill and it is explained in detail in our section on “writing patent application (patent drafting)”
Costs: The cost for drafting a patent application in US varies in a great deal as it is dependent on multiple factors like the field of invention and complexity of the invention. The cost can range from $1000 to $1500.
Timeframe: Drafting usually takes 1–2 weeks, depending on the complexity of the invention and availability of information. For highly detailed or complex inventions, it may take longer.
Step 4: Filing a patent application
At the filing stage, you officially submit your patent application to the USPTO. This is where the mandatory government fees are paid, along with any professional assistance charges.
For a Micro Entity applicant in 2025, the official USPTO fees are:
- Filing Fee: $70
- Search Fee: $154
- Examination Fee: $176
- Total USPTO Filing Costs: $400
Additionally, if you choose to work with a U.S. patent attorney for filing assistance, a modest filing service charge of $250 to USD 550 is typically added.
Total Initial Filing Stage Cost (Micro Entity + Attorney Fee): $650
This small investment secures your entry into the patent system, giving you an official filing date—your priority date—which is critical in protecting your invention against competitors.
Step 5: Publication of Patent application
Once your patent application is filed, the USPTO normally publishes it 18 months after the earliest priority date. This publication makes your invention publicly visible in the USPTO database and worldwide patent databases, serving as legal notice to competitors that your idea is officially on record.
Publication Fee: Currently, there is no separate fee for publication—it is included within the filing process.
Why Publication Matters:
- Establishes prior art against later-filed inventions
- Increases commercial visibility of your invention
- Allows potential licensees and investors to discover your technology
Once published, your patent application becomes part of the official prior art, and your invention is no longer a secret—it has a date-stamped presence in the innovation ecosystem.
Generally, a non-provisional Patent application is published after the expiry of 18 months from the earliest filing date, however, if requested by the applicant the director may publish the patent application earlier than end of 18 month period. When a U.S. patent application is published, the patent application is made publicly available for download along with its file history.
If you do not plan on going for international filing outside US (PCT application) then you may choose Not to publish the patent application, in such case you need to make a request with US patent application by including a Non-publication Request.
Why publish patent application ?
- it is required by US patent law if you are also filing patent outside US
- it will be found in prior art searches to examiners and to competitors trying to file similar application
- it will serve as an intimation to competitors that your patent is coming in this area
- having published patent on website will provide you recognition
Reasons for not publishing patent application:
- maintain status of the patent confidential
- keep all communications with USPTO confidential
- can abandon the patent application and reapply
- to keep information in patent application secret at least till grant of patent application
- this is possible only for US patent applications (not for international patent applications)
Step 6: Examination of Patent Application
As per 35 U.S.C. 131 Examination of application. After filing and publication, your application enters the examination stage at the USPTO. This is where a patent examiner reviews your application to determine if your invention meets all the legal requirements for patentability.
What Happens During Examination?
- Assignment to Examiner – Your application is assigned to a USPTO examiner with expertise in your technology field.
- Substantive Review – The examiner reviews:
- Novelty: Is your invention new compared to existing prior art?
- Non-Obviousness: Would it have been obvious to a skilled person in your field?
- Utility: Does your invention have a useful application?
- Formal Requirements: Compliance with USPTO rules, claims clarity, drawings, and specification.
- Office Actions – Examiners issue official communications (called Office Actions) if they find objections, rejections, or require clarifications. You and your patent attorney must respond to these to advance your application.
The objections raised on your patent application would be communicated to you, by an official letter from the USPTO, known as an Office Action. You would get the opportunity to make amendments or contest the objections raised. There is a specific time within which you will have to respond to the objections, if you failed to do so the patent application will be abandoned.
In the First Action Interview Pilot Program you can have an interview with the examiner. after you have reviewed the objections and results of search conducted by the examiner. This gives you an opportunity to have one on one discussion with examiner which shortens the time and to and fro communications for resolving objects and it can result in quicker allowance of patent for your invention.
Time: USPTO takes the application for examination (in about 12-36 months).
Step 7: Response to objections
Majority of patent applicants (inventors) will receive some type of objections based on examination report. The objections raised on your patent application would be communicated with you, by official letter from the USPTO, known as an Office Action. You would get opportunity to make amendments or contest the objections raised.
An Office action is written correspondence from the patent examiner that requires a properly signed written response from the applicant in order for prosecution of the application to continue. Moreover, the reply must be responsive to each ground of rejection and objection made by the examiner. Examples of Office actions include a restriction requirement, a non-final Office action, and a final Office action.https://www.uspto.gov/patents/maintain/responding-office-actions
There is a specific time within which you will have to respond to the objections, if you failed to do so the patent application will be abandoned. If your application is twice rejected, you may appeal the examiner’s decision to the Patent Trial and Appeal Board (PTAB). The inventor and patent professional creates a response to the objections that tries to prove that his invention is indeed patentable and satisfies all patentability criteria’s. Or optionally accepts the objections and amends the patent application as pointed out in examination report.
If USPTO is satisfied with the response to the objections or the amended patent application. Up on finding the patent application in order of grant, The patent is granted to you (inventor) / applicant as early as possible !!!
Professional Fees: The patent agent /attorney may charge a professional fee of $800 for a response to office action depending upon complexity, subject matter, and number of objections.
Step 8: Grant of patent / Notice of Allowance
If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. The notice of allowance will list the issue fee and may also include the publication fee that must be paid prior to the Patent being issued. The patent grant is mailed on the issue date of the patent.
The patent is issued in the name of the United States under the seal of the United States Patent and Trademark Office, and is either signed by the Director of the USPTO or is electronically written thereon and attested by an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it.
| Description | Fee | Small Entity Fee | Micro Entity Fee |
| Utility issue fee | $1290 | $516 | $258 |
Video : US Patent cost, procedure and timeline – steps from Idea to grant of Patent
Recommended reading:
- Cost of the patent in USA
- How to go from idea to invention and to granted Patent in US
- How much time required to get patent in US ?
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- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.