The costs involved in obtaining a patent are probably the single most important factor considered by most inventors. For obvious reasons the following cost estimate is extremely rough and actual costs may vary widely. PTO fees are based upon March, 2002, figures and are subject to increase. The filing fee for a utility patent is $740 and the issue fee is $1,280. (The filing fee must be paid when the application is filed and the issue fee when the patent is allowed.) Fees for small entities, generally individual inventors and small companies, are half of fees for large entities given here.

Only persons who have passed a tough examination and meet certain other requirements are authorized to practice before the PTO. Patent attorneys or patent agents charge varying amounts to prepare a patent application, but a widely read patent authority has estimated that average attorney fees for a simple patent application are around $3,000 and patent drawings cost an additional $500 to $1,000.

The amount of the maintenance fee is stretched out over the 20 year pendency of the patent and payments are due at year 3.5, year 7.5, and year 11.5. As of March, 2002, maintenance fees were, respectively, $880, $2,020, and $3,100, and half that for small entities.

In addition to the costs involved in obtaining a patent, inventors are concerned with the length of time it takes to process a patent application. As with costs the period between the filing of an application and the issuance of a patent can vary widely from one year to five years or even longer. Two years is often cited as the average. Much of the responsibility for efficient processing rests with the applicant and there are several things an inventor can do to prevent delays including: insure the original application is complete and free from errors and take less than the usual statutory three month response period to respond to PTO queries and objections.