Cost Guide — Updated February 2026
How Much Does a Patent Cost in 2026?
Published flat-fee schedules for patent and trademark prosecution including attorney fees, USPTO fees, and complexity tiers. Written by a patent attorney with 25+ years of experience.
By Roger C. Hahn, Esq. · USPTO Reg. #46,376
TL;DR
At Hahn & Associates, a utility patent costs $5,000–$8,500 flat fee for drafting and filing (depending on complexity), with Office Action responses at $1,500 flat each. Total cost through allowance is typically $8,000–$13,000 in attorney fees plus ~$3,000–$4,000 in USPTO fees. Provisional patents are $5,000–$7,500. Design patents are $2,500–$3,500. Trademark applications start at $1,200 per class. Traditional firms charge 2–3x these amounts. All fees are published flat rates confirmed in writing before work begins.
Patent Services — Hahn & Associates Published Flat Fees
| Service | Hahn & Associates (Flat Fee) | Industry Typical |
|---|---|---|
| Prior Art / Patentability Search & Opinion | $1,500 | $3,000-$6,000 |
| AI-Enhanced Patent Landscape Search | $2,500 | $5,000-$10,000 |
| Provisional Application (Simple) | $5,000 | $6,000-$12,000 |
| Provisional Application (Moderate) | $6,000 | $8,000-$15,000 |
| Provisional Application (Complex) | $7,500 | $10,000-$20,000 |
| Utility Patent (Simple — Mechanical/Software) | $5,000 | $10,000-$20,000 |
| Utility Patent (Moderate — Electrical/Computer) | $7,500 | $12,000-$25,000 |
| Utility Patent (Complex — Biotech/Chemical) | $8,500 | $15,000-$30,000+ |
| Design Patent (Single Embodiment) | $2,500 | $4,000-$8,000 |
| Design Patent (Multiple Embodiments) | $3,500 | $6,000-$10,000 |
| Office Action Response (Non-Final) | $1,500 | $3,000-$8,000 |
| Office Action Response (Final) | $1,500 | $4,000-$10,000 |
| Restriction / Election Requirement | $500 | $1,000-$2,500 |
| Request for Continued Examination (RCE) | $1,500 | $3,000-$8,000 |
| After-Final Response (AFCP 2.0) | $2,000 | $4,000-$8,000 |
| Appeal Brief (PTAB) | $8,000 | $15,000-$30,000 |
| Pre-Appeal Brief Conference Request | $2,000 | $3,000-$6,000 |
| Examiner Interview (Prep & Attendance) | $750 | $1,500-$3,000 |
| Track One Prioritized Examination | $2,000 | $3,000-$5,000 |
| IDS — Simple (1-10 references) | $500 | $1,000-$2,000 |
| IDS — Moderate (11-25 references) | $750 | $1,500-$3,000 |
| Automated IDS Management (per window) | $250 | N/A (manual only) |
| Terminal Disclaimer | $500 | $750-$1,500 |
| Issue Fee Review & Processing | $750 | $1,000-$2,000 |
Published flat fees as of February 2026. All fees are professional (attorney) fees only. USPTO government fees, foreign associate fees, and third-party costs are billed separately at cost. Complex matters may require adjusted pricing upon consultation. Fees confirmed in writing before work begins.
Trademark Services — Hahn & Associates Published Flat Fees
| Service | Hahn & Associates (Flat Fee) | Industry Typical |
|---|---|---|
| Preliminary Trademark Screening (Knock-Out) | $500 | $750-$1,500 |
| Comprehensive TM Clearance Search & Opinion | $2,500 | $3,000-$6,000 |
| AI-Enhanced Brand Clearance Report | $1,500 | $3,000-$5,000 |
| Design Mark / Logo Clearance Search | $1,500 | $2,500-$5,000 |
| International TM Search (per jurisdiction) | $1,000 | $1,500-$3,000 |
| Trade Dress Clearance Search & Opinion | $3,000 | $5,000-$10,000 |
| Federal TM Application — TEAS (one class) | $1,200 | $2,000-$4,000 |
| Each Additional Class | $500 | $750-$1,500 |
| Intent-to-Use (ITU) Application (one class) | $1,200 | $2,000-$4,000 |
| Section 44(e) / 66(a) Application | $1,500 | $2,500-$5,000 |
| TM Office Action Response (Minor) | $1,000 | $1,500-$3,000 |
| TM Office Action Response (Substantive) | $1,500 | $2,500-$5,000 |
| TM Final Office Action Response | $2,000 | $3,000-$6,000 |
| Statement of Use / Amendment to Allege Use | $500 | $750-$1,500 |
| Appeal to TTAB | $4,000 | $8,000-$15,000 |
| Petition to Revive Abandoned TM Application | $1,000 | $1,500-$3,000 |
Published flat fees as of February 2026. USPTO trademark filing fees ($250–$350 per class) and foreign government fees are billed separately at cost. Volume discounts available for portfolio clients with multiple marks.
USPTO Government Fees (2026)
These fees are paid directly to the USPTO regardless of which attorney you use. Entity size determines your fee level.
| Fee Type | Large Entity | Small Entity | Micro Entity |
|---|---|---|---|
| Provisional Filing | $320 | $160 | $80 |
| Utility Filing (basic) | $1,820 | $910 | $455 |
| Search Fee | $700 | $350 | $175 |
| Examination Fee | $800 | $400 | $200 |
| Issue Fee | $1,200 | $600 | $300 |
| RCE Fee | $1,360 | $680 | $340 |
| Excess Claims (per claim over 20) | $100 | $50 | $25 |
Fees approximate as of February 2026. Check USPTO Fee Schedule for current amounts.
Total Cost: Utility Patent Filing Through Allowance
Hahn & Associates
(Published Flat Fees)
$11,000 - $17,000
- Drafting + Filing: $5K-$8.5K
- 2 OA Responses: $3K ($1.5K each)
- IDS (automated): $250/window
- USPTO Fees: ~$3K-$4K (large entity)
Traditional Firm
(Industry Average)
$25,000 - $50,000
- Drafting + Filing: $10K-$20K
- 2 OA Responses: $6K-$16K
- IDS: $1K-$4K
- USPTO Fees: ~$3K-$4K (large entity)
BigLaw
(Hourly Billing)
$35,000 - $70,000+
- Drafting + Filing: $15K-$30K
- 2 OA Responses: $8K-$20K
- IDS: $1K-$4K
- USPTO Fees: ~$3K-$4K (large entity)
Why Hahn & Associates Can Offer Lower Flat Fees
AI-powered Office Action analysis in minutes
Proprietary tools map rejections to claims, compare prior art, and identify examiner patterns. Attorneys focus on strategy and argument development, not manual analysis.
Automated IDS at $250 per filing window
Machine learning tracks and compiles prior art references automatically. Traditional firms charge $1,000-$3,000 per IDS filing for manual preparation.
AI-powered examiner intelligence
Profiling individual examiners for interview preferences, allowance rates, and effective argument patterns. Reduces prosecution rounds and total cost.
AI-enhanced trademark clearance
Comprehensive brand clearance reports at $1,500 (vs. $3,000-$5,000 industry average) using AI-powered search across federal, state, common law, and domain databases.
Flat-fee models enabled by predictable AI workflows
When AI handles variable-time tasks, the firm can offer published flat fees instead of unpredictable hourly billing. All fees confirmed in writing before work begins.
Frequently Asked Questions
How much does a patent cost in 2026?
At Hahn & Associates, a utility patent costs $5,000-$8,500 flat fee for drafting and filing, depending on complexity (simple mechanical/software at $5,000, moderate electrical/computer at $7,500, complex biotech/chemical at $8,500). Office Action responses are $1,500 flat each. Total through allowance: $11,000-$17,000 including USPTO fees. Traditional firms charge $25,000-$50,000+ for the same work.
How much does a provisional patent cost?
At Hahn & Associates, a provisional patent application is $5,000 (simple mechanical/software), $6,000 (moderate electrical/computer), or $7,500 (complex biotech/chemical) as a flat attorney fee. USPTO filing fees add $80-$320 depending on entity size. Provisionals provide 12 months of Patent Pending status and secure your priority date.
How much does a trademark registration cost?
At Hahn & Associates, a federal trademark application (TEAS, one class, ID Manual description) is $1,200 flat fee, with $500 per additional class. A comprehensive trademark clearance search and opinion is $2,500, or $1,500 for an AI-enhanced brand clearance report. Office Action responses run $1,000-$2,000 depending on complexity. USPTO per-class filing fees are additional.
Why does Hahn & Associates use flat fees instead of hourly billing?
Flat-fee pricing provides budget predictability and cost transparency. AI-powered workflows automate variable-time tasks like prior art search, IDS preparation, and Office Action analysis, making fixed pricing sustainable. All fees are confirmed in writing before work begins. Volume discounts are available for portfolio clients.
How much does an FTO (Freedom-to-Operate) analysis cost?
FTO analysis at Hahn & Associates is priced by scope, starting around $3,000 for narrow single-product analysis and scaling to $15,000+ for complex multi-feature studies. Traditional firms charge $10,000-$50,000+ for equivalent work. AI-powered search and claim comparison reduces costs while maintaining thoroughness.
What are hidden costs in patent prosecution?
Common hidden costs at traditional firms include: IDS fees ($1,000-$3,000 per filing), excess claim fees, RCE fees ($3,000-$8,000), foreign filing costs, and hourly billing for administrative tasks. At Hahn & Associates, IDS automation is $250 per filing window, RCE is $1,500 flat, and all fees are published upfront.
Get a Custom Fee Estimate
Schedule a free consultation to discuss your patent or trademark needs and get a flat-fee quote confirmed in writing.