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For startups, protecting IP can mean the difference between a promising pitch and a deal-breaker. 19% of startups that fail cite competitive threats as a primary factor, and unprotected IP makes you an easy target. Meanwhile, companies with robust patent portfolios command significantly higher valuations and positive outcomes (e.g., exits) than those without.
But knowing why protection matters is one thing. Figuring out how much it'll actually cost is another, especially when every dollar — whether from your own savings, angel investors, or a pre-seed round — needs to justify itself.
Many founders significantly underestimate what patenting an invention costs, creating impossible trade-offs: file now and potentially blow through runway, or wait and risk losing first-mover protection.
So what does it really cost to protect a startup idea, and what are the smartest ways to reduce said costs without sacrificing quality? This guide breaks it all down, step by step.
When people ask, “How much does it cost to patent an idea?”, they’re usually thinking of a single number. But patents are made up of distinct stages, and the total cost can vary significantly depending on strategy, jurisdiction, and who’s doing the work.
Here’s a detailed breakdown of what goes into that number.
Before anything is filed, there's the upfront work of deciding what to patent and how to frame it. This may involve a prior art search, which can cost anywhere from $300 using offshore providers to $2,500 with U.S.-based patent firms. While some founders skip this, a good search can shape the direction of the application and reduce the risk of wasting money on an unpatentable idea.
After that, founders often meet with a patent agent or attorney to discuss the invention, potential variations, and fallback positions. Some firms offer flat-fee consultations in the $500 to $1,000 range, while others bill hourly — often $250 to $600/hour for agents or associates, and $500 to $1,000/hour for partners. A full scoping session usually takes 1 to 2 hours.
Drafting the application is typically the most expensive part of the process because of how time-consuming it is. Here are some average costs:
Once the application is ready, there are government filing fees to consider. While these fees aren’t massive expenses on their own, they can add up quickly across a portfolio.
For provisional filings, fees range from $60 to $300, depending on the company’s size classification (micro, small, or large entity).
Non-provisional applications incur more fees — typically $455 for micro entities, $900 for small, and $1,820 for large. Additional fees may apply if the application includes more than 20 claims or 3 independent claims, or if the document exceeds 100 pages.
Founders should also budget for future maintenance fees due 3.5, 7.5, and 11.5 years after grant, ranging from $500 to $7,000 over the patent's lifetime. Missing a payment results in the patent expiring early, so this is a long-term cost worth building into the IP strategy.
Very few patents sail through the USPTO without pushback. It’s common to receive one or more office actions requiring clarification, amendment, or argument.
Responding to each office action generally costs between $1,000 and $2,000 in legal fees, or $3,000 to $6,000 for more complex technical or legal arguments. Luckily, a strong initial draft can often reduce the total number of responses required.
If global protection is part of the roadmap, costs increase quickly:
Given these costs, provisional and PCT applications are popular for many early-stage startups as a way to delay prosecution expenses and national filings until after funding or commercial traction — unless enforceable patent rights are critical.
The right patent strategy depends heavily on the startup’s stage, funding situation, and risk profile. Here are three realistic cost scenarios to help benchmark what protection might look like at different points in the startup journey.
This founder is still pre-product, pre-funding — maybe there’s a working prototype, a deck in progress, and some promising early conversations. The goal at this stage is to put basic protection in place; enough to list “patent pending” on a pitch deck or landing page, and enough to preserve rights without draining personal savings.
In this scenario, you might skip a formal prior art search, capture the invention using Patentext or a similar AI drafting tool, and file a provisional application directly with the USPTO. Attorney review might be minimal — perhaps one or two hours just to sanity-check the filing.
Estimated total cost: $2,000 to $3,500. This is the leanest path. It's not bulletproof, but can be enough to start conversations and establish early filing dates.
This team has just closed a small round and is building toward product-market fit. An MVP is in the works, investor expectations are growing, and you’re thinking seriously about how IP fits into your defensibility story. While you want a strong patent, you still need to be smart about where the money goes.
In this scenario, the team might start with a targeted prior art search, typically in the $1,000 to $2,000 range, to identify risks and shape their claims. From there, you could collaborate with a patent agent or attorney to scope and draft a robust provisional — likely around $3,000 to $5,000 or less using a tool like Patentext.
Estimated total cost: $4,000 to $7,000. This strategy creates a strong foundation while keeping options open for future filings.
This company is scaling fast, and its core technology is central to valuation, partnerships, and long-term moat. At this stage, the goal is to build a defensible portfolio, protect key innovations, and lay the groundwork for international filings.
The team will likely start with a high-quality provisional that’s drafted with long-term claims in mind and sets the tone for the full application to follow. Drafting this type of provisional often runs $4,000 to $8,000, with prior art analysis adding another $1,000 to $3,000.
Within 12 months, they’ll file a non-provisional application for $8,000 to $18,000. If international protection is on the table, they’ll also file a PCT application to preserve global rights, adding $2,000 to $4,000+ depending on fees and legal support.
A Series-A startup may file one or more applications like this to cover core technology across their products.
Estimated total cost (initial): $15,000 to $35,000+ per invention. Total costs per invention can reach $50,000+ over several years if international rights are pursued.
The cost of a patent can feel intimidating, especially in the earliest stages of building a company. Luckily, there are plenty of practical ways startups can be deliberate about when to file, how to prepare, and who to work with without cutting corners on protection.
One of the most effective ways to reduce patent costs is to limit how much foundational drafting your attorney or agent needs to do from scratch. If you come in with a clear, well-structured draft that already outlines the technical details, possible embodiments, and key claimable concepts, your practitioner can focus on refining, formalizing, and strengthening the application, rather than pulling ideas out of your head over multiple expensive calls.
This is exactly where tools like Patentext come in. Patentext helps technical teams capture invention details and generate a structured draft that aligns with how professionals frame claims, variations, and scope. It’s not a replacement for expert review, but it does give founders something substantive to hand off.
Provisional applications are a smart way to defer costs if used intentionally. If the invention is still evolving, or the team is pre-product or pre-funding, filing a well-drafted provisional lets the startup secure a filing date without committing to the full expense of a non-provisional.
The price difference between a big-name law firm and a skilled solo patent agent can be 30 to 50% or more for comparable quality, especially for straightforward filings. For startups without high litigation risk or highly complex filings, working with a solo practitioner or boutique IP firm can free up budget for other parts of the business. Many also offer flat-rate packages for early-stage work, which can help with predictability.
Check out our guide on where to find an affordable patent lawyer in 2025.
Overly aggressive claims and prosecution strategy can add to the filing fee and can complicate prosecution. While broad, strategic claim sets matter in the long term, startups can keep initial costs lower by filing with a tighter claim set, then expanding through continuations once the original patent is allowed.
It's tempting to file internationally right away, but unless your startup already has traction in foreign markets or IP is central to its valuation, those filings can often wait. The PCT route buys time while the company validates its go-to-market strategy. Many early-stage teams use the PCT to delay the international filings until post-Series A raise.
Not every idea needs a patent. Focus on what’s core to the business, commercially valuable, and will be available to the public. Filing fewer, stronger patents often yields better ROI than spreading budget thin across marginal ideas.
Patents aren’t cheap, and they’re rarely one-size-fits-all. The right strategy depends on your funding stage, product roadmap, and risk tolerance. Whether you’re filing a quick provisional to get “patent pending” on your pitch deck or building an international portfolio to protect a core platform, planning ahead can save thousands (and a lot of stress).
The good news is that you don’t have to choose between blowing your budget and cutting corners. Tools like Patentext make it possible to start strong, capturing invention details and generating a first draft that your attorney can refine, rather than reinvent. That means lower drafting costs, faster timelines, and more runway for the things that matter most.
Create your first draft with Patentext for free.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Patent laws are complex and vary by jurisdiction. For personalized guidance, consult a qualified patent attorney or agent.
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