Provisional Patent Cost: How Much Does It Cost to File a Provisional Patent?

One of the most common questions inventors ask is: how much does a provisional patent cost? The answer depends on several factors, but most provisional patent application costs fall into two main categories:

• USPTO filing fees, and
• Drafting and preparation costs.

This article explains each category, why costs vary so widely, and what inventors should expect when budgeting for a provisional patent application. The goal is to provide a clear, neutral overview so you can make informed decisions before filing.

What Does a Provisional Patent Typically Cost?

Unlike a fixed government form, a provisional patent application is a custom technical document. As a result, there is no single price that applies to every filing. Most costs arise from:

• Government fees paid to the USPTO, and
• The time and effort required to prepare the application itself.

Understanding these two components will help you evaluate different filing approaches and avoid surprises.

USPTO Filing Costs

Basic Filing Fees

The USPTO charges a filing fee for provisional patent applications. The amount depends on your entity status, which generally falls into one of three categories:

• Micro entity: $65.00
• Small entity: $130.00
• Undiscounted (large entity): $325.00

These amounts reflect current USPTO filing fees at the time of writing this article and are subject to change.

Micro and small entities receive significant discounts compared to undiscounted applicants. Many individual inventors and early-stage startups qualify for one of these discounted categories, but eligibility depends on specific legal criteria.

Entity Status Considerations

Choosing the correct entity status is important. Claiming a discounted fee without qualifying—or failing to submit the required certifications—can create problems later. Entity status should be selected carefully and based on your actual circumstances.

You can access the USPTO pages below to help determine the entity status that best applies to you.

• Small & Entity Status Information: https://www.uspto.gov/patents/apply/save-on-fees
• More on Micro Entity Status: https://www.uspto.gov/patents/laws/micro-entity-status

Check for USPTO Fee Changes

USPTO fees are subject to change. For the most accurate and up-to-date amounts, you should always consult the USPTO's official fee schedule directly: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.

Government filing fees are only one part of the total cost, but they are unavoidable for any provisional filing.

Drafting and Preparation Costs

Drafting costs usually make up the largest portion of a provisional patent's total cost, and they can vary widely depending on how the application is prepared.

Traditional Patent Attorney or Patent Law Firm

When working with a patent attorney or patent law firm, drafting costs depend on factors such as:

• The complexity of the invention
• The technology area
• The length and depth of the disclosure
• The firm's billing structure and overhead

Typical ranges often look like this:

• Large law firms (e.g., BigLaw / AmLaw 100): approximately $15,000–$25,000+
• IP boutique firms or solo patent attorneys: approximately $5,000–$10,000

These figures are general estimates. Actual costs may be higher or lower depending on the invention and the scope of work.

AI-Assisted Patent Drafting

Some inventors choose to prepare provisional applications using AI-assisted drafting tools. These platforms are designed to help inventors draft their applications at a significantly lower cost than traditional legal services.

For example, Idea2PatentAI offers an AI-powered drafting platform, which employs a step-by-step workflow to automate drafting a provisional patent application. This approach can reduce drafting costs substantially while still helping inventors prepare a structured provisional application. Pricing details are available separately for those who want to compare options.

Miscellaneous and Additional Costs

In addition to filing and drafting, some provisional applications incur additional costs, depending on the circumstances.

Examples include:

• Excess page fees if the application exceeds certain length thresholds
• Formal patent drawings, which may require hiring a professional draftsman
• Corrections or resubmissions in cases where filing errors occur

While not every filing involves these expenses, they are worth considering when budgeting.

Why Provisional Patent Costs Vary So Widely

Provisional patent application costs can vary significantly because no two inventions—and no two filing strategies—are the same. Several factors influence how much time and effort is required to prepare a strong provisional application.

First, the type of technology matters. A relatively straightforward mechanical device may be described using structural components and simple interactions, while software, artificial intelligence, or scientific inventions often require detailed explanations of processes, data flows, system architectures, or experimental results. More complex technologies generally require more extensive disclosure.

Second, the level of technical detail required can differ substantially. Some inventions can be explained with a limited number of embodiments, while others require multiple examples, alternatives, and variations to adequately capture the full scope of the invention and avoid unintended gaps in protection.

Third, the number of inventive concepts covered plays a role. A provisional patent application may preserve rights for a single inventive concept or for multiple related concepts. Covering multiple concepts typically requires broader and more comprehensive drafting, which increases preparation time and cost.

Finally, filing strategy and long-term goals affect cost. Some inventors prepare provisionals as high-level placeholders, while others aim to draft a provisional that can later be converted into a non-provisional application with minimal additional work. The latter approach usually requires a more detailed and carefully structured disclosure.

Because these factors vary from case to case, provisional patent costs are best understood as ranges rather than fixed amounts.

Reducing Costs Without Undermining Your Filing

Some inventors focus primarily on minimizing cost. While cost control is important, it should be balanced against the need for a complete and accurate disclosure. Filing an inexpensive but underdeveloped provisional application can create problems later if it fails to support a non-provisional application.

If cost reduction is your primary concern—as opposed to understanding typical cost ranges—you may find it helpful to review lower-cost filing strategies and alternatives in our article on low-cost provisional patent application options for inventors and startups.

Filing Costs in Context

A provisional patent application is often the first step in a longer patent process. Understanding the cost structure upfront helps ensure that:

• You budget appropriately
• You choose a filing approach aligned with your goals
• You avoid surprises when transitioning to a non-provisional application

Cost alone should not dictate your strategy, but clarity around cost is essential for making informed decisions.

Prepare Your Provisional Patent Application With Confidence

Whether you work with a patent attorney, draft on your own, or use an AI-assisted platform, understanding the true cost of a provisional patent application puts you in control of the process. Idea2PatentAI helps inventors reduce drafting time and expense by providing a structured, step-by-step, AI-assisted drafting workflow designed to adapt to different technologies and invention types.

For inventors who want additional assurance, AI-drafted provisional applications can be reviewed by experienced patent attorneys through Idea2PatentAI's Attorney Referral Network.

Ultimately, the right approach is the one that aligns with your invention, your budget, and your long-term intellectual property goals.

Article Information

By Idea2PatentAI Editorial Team

Reviewed by U.S. Patent Attorney (15+ years of experience)

Last updated: February 6, 2026

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• Ultimate Guide: Provisional Patent Applications (PPA) in the Age of Artificial Intelligence (AI)

Editorial Standards

This article is prepared by the Idea2PatentAI editorial team and reviewed for technical accuracy by a U.S. Patent Attorney. It is provided for educational purposes only and does not constitute legal advice. Reading this article or using Idea2PatentAI does not create an attorney-client relationship. For advice regarding your specific situation, consult a qualified attorney.

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