The U.S. provisional patent application filing fee is $325 at the regular rate, $130 for an eligible small entity and $65 for an eligible micro entity, according to the USPTO fee schedule checked October 25, 2026. These government fees are only one part of the total preparation and filing budget. Verify the live schedule before payment.
How Much Does a Provisional Patent Application Cost?
Separate government charges from professional work. Your budget may include invention disclosure preparation, drafting, patent drawings, prior-art research and filing assistance. Complexity, source material and the agreed scope affect professional charges; a government filing fee is not an all-inclusive service quote.
The official USPTO fee schedule lists provisional filing fee codes 1005, 2005 and 3005 for regular, small and micro entity rates. Other charges can apply in particular circumstances. Ask your provider to identify included work, government fees and exclusions separately.
Small Entity and Micro Entity Patent Fees
Reduced fees depend on satisfying the applicable eligibility requirements, not simply selecting the lowest amount or calling a business a startup. Small entity status and micro entity certification have different requirements. Check relevant ownership, obligations to assign or license rights, prior applications and any applicable income criteria with the responsible reviewer.
Review the USPTO’s small and micro entity guidance. Confirm eligibility before claiming a reduction and review changes in status when later fees become due. Historical dollar thresholds should not replace the current official criteria.
What the Provisional Fee Provides
A provisional application is not examined on its merits and does not itself become a granted patent. The disclosure must adequately describe the invention and include drawings necessary to understand it. Paying a fee alone does not establish that the disclosure supports the protection you may later seek.
A corresponding nonprovisional application generally must be filed within 12 months to claim the provisional benefit. Plan that next stage and its separate costs early. A provisional application is not available for a design invention. Read the official provisional application guidance.
Plan a Complete Filing Budget
List the invention material available, needed research, drawing views, drafting work, review rounds and intended filing timetable. Obtain a scoped estimate and keep nonprovisional preparation and later prosecution costs separate from the initial provisional budget. Avoid assuming that a low initial fee represents the lifetime cost of obtaining a patent.
See our patent application guide and USPTO fees overview. Contact Menteso with your invention material and required deliverables to discuss preparation support and a scoped quote.
