How to File a Patent

You've done your research, tested your designs, and created a working prototype of your invention. Now you're ready to present it to the public and turn it into a successful business.

Before launching your new product, consider filing for a patent first. As a piece of intellectual property, you'll want to protect your unique creation from any potential copycats.

Below, we'll explore the different patents that are available, as well as the steps for completing the filing process with the federal government.

What is a patent?

A patent is issued by the U.S. Patent and Trademark Office (USPTO) to grant a "property right" to the creator of an invention. This right excludes others from making, using, offering for sale, or importing that person's invention or design within the United States.

Most entrepreneurs will file one of two types of patents:

• Utility patents protect how an invention works, including its functionality and structure.
• Design patents apply to the look of an item and protect the "ornamental design."

A new patent typically gives the inventor a 20-year window from the application date during which time no one else can profit from manufacturing and distributing the patented invention or design.

Who can file a patent?

With the exception of USPTO officers and employees, anyone who invents or discovers something that qualifies for a patent may file an application.

To obtain a patent, your invention or discovery must be "new and useful." U.S. patent law states that an invention can't be patented if it is already available to the public before the application is filed or if another patent or patent application describes the same claimed invention.

Whether you're filing a design or utility patent, the USPTO operates on the "first to file" principle. This means that whoever files a patent for a particular invention or design first secures the patent's protection rights.

Types of patent applications: Provisional vs. nonprovisional

The first step is to determine whether you need to file a provisional or nonprovisional patent. A provisional patent application is a lower-cost option that establishes an official filing date and allows you to use the term “patent pending.” It isn’t examined by the USPTO, and it expires after 12 months. Provisional applications can be a good option for startups and inventors who need time to refine their idea and test the market.

Before the 12 months expire, you’ll need to file a corresponding nonprovisional patent application, which is the formal application the USPTO examines. The nonprovisional application allows you to claim the provisional filing date.

A nonprovisional patent application entails including an extremely detailed description of your invention and patent claims, defining what you want to protect. If the application is approved, the USPTO will issue your patent. Most utility patents have an enforceable term of up to 20 years; however, there are certain exceptions, and you must pay maintenance fees at certain intervals to maintain the patent.

Patent filing process

Filing a patent can be a lengthy process and may involve submitting more than one application. Before you begin, conduct a patent search to determine whether a similar invention has already been patented or publicly disclosed.

You’ll also need to decide whether your invention qualifies for a utility or design patent and whether you plan to seek patent protection solely in the United States or internationally. Once you’ve done your research, below is an overview of what you can expect during the filing process:

1. Decide whether to file a provisional or nonprovisional patent application or both.
2. Include a written description, drawings (if required), and patent claims for nonprovisional applications.
3. File your application electronically through the USPTO’s Patent Center and pay the required filing fees.
4. Respond to any USPTO requests for clarification, revisions, or additional information.
5. If the application is approved, you’ll pay the utility fee. Utility patents require maintenance fees at 3 ½, 7 ½, and 11 ½ years after issuance to keep the patent active.  

How much does it cost to file a patent?

The patent filing cost depends on your application and whether you qualify for reduced USPTO fees. Here are some of the fees for 2026:

• Provisional application: $325.
• Utility patent basic filing fee: $350.
• Utility search fee: $770.
• Utility examination fee: $880.

However, many inventors and small businesses qualify for reduced fees. For example, the provisional application fee drops to $130 for small businesses and $65 for microentities.

But the USPTO filing fees are only a portion of the total cost. Hiring a patent attorney can cost thousands of dollars in legal fees, though it can help you avoid mistakes and submit a stronger application.

How long does it take to get a patent?

Most applicants receive their first office action from the USPTO roughly 13 to 18 months after filing their application. From the initial filing until the final approval, many utility patents take between two and three years, though complex applications can take longer.

Filing a provisional application allows you to establish an earlier filing date while giving you up to 12 months to prepare your nonprovisional application. This won’t shorten the examination period, but it can help preserve your place under the first-to-file patent system.

What other intellectual property protections exist?

Protecting your business's intellectual property is critical. However, it can be difficult to decide whether to file for a patent, trademark, or copyright, or all of the above.

To help you, the U.S. Small Business Administration (SBA) offers a course that outlines the filing steps, timelines, and costs for each. Dates and times vary for the course, so keep checking the SBA’s website — or contact them — to locate an exact date. You can also check out CO—'s guide to protecting your intellectual property.

Sean Peek contributed to this article.

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