How Much Does It Cost To Patent An App in the US?
- 2 days ago
- 7 min read
Building an app takes time, planning, and investment. But many startups and software companies do not fully consider patent protection costs until after development is already underway. This often creates confusion when businesses realize that software patents involve more than simply submitting an application to the USPTO.
The cost of patenting an app can vary depending on the technology, complexity of the software, patent drafting requirements, and how much review is required during patent prosecution. Filing without a clear strategy can also increase long-term expenses if the application faces repeated USPTO objections or claim revisions. That is why many businesses work with Sleman & Lund LLP early in the process to better understand software patent eligibility and filing strategy.
So how much does it cost to patent an app in the United States? The total cost typically ranges from $15,000 to $30,000 or more from initial search through final patent grant, depending on the complexity of the software, the filing approach, and how much prosecution work is required before the USPTO approves the application.
Can An App Be Patented?
Yes, apps may qualify for patent protection when they include a new and useful technical process, system, or software functionality. However, patents generally protect how the app works rather than the general business idea behind the platform.
For example, apps involving:
Data processing
Security systems
Automation technology
Machine learning
Technical workflows
Medical software systems
may have stronger patent eligibility when they solve a technical problem in a unique way.
The USPTO usually reviews whether the software includes genuine technical innovation rather than a broad or abstract concept.
What Is The Typical Cost To Patent An App?
While every application is different, the following general ranges give businesses a realistic starting point when budgeting for software patent protection.
Patentability Search - A professional prior art search typically costs between $2,000 and $4,000 depending on the scope of the technology and the depth of research required.
Provisional Patent Application - A provisional application typically costs approximately $8,000+ plus USPTO government filing fees, which currently range from $320 for small entities to $1,600 for large entities.
Non-provisional Patent Application - A full nonprovisional utility patent application for software typically costs between $8,000 and $15,000 in attorney fees for drafting and filing, plus USPTO government fees which vary based on entity size and number of claims.
Office Action Responses - Each office action response may cost between $2,500 and $5,000 depending on the complexity of the rejection and the level of claim revision required.
So, total estimated cost from initial search through final patent grant, businesses should generally budget between $15,000 and $30,000 or more for a software patent application. Applications involving AI systems, cybersecurity, or highly complex technical platforms may cost significantly more.
These figures are general estimates. Actual costs depend on the specific technology, prosecution requirements, and the experience of the patent attorney involved.
What Factors Affect The Cost Of Patenting An App?
Software patent costs vary because every app involves different technical and legal challenges. A simple application with straightforward functionality may require less preparation than a highly technical software platform involving complex processing systems or AI-driven tools.
Several factors may influence overall costs, including:
Complexity of the software
Number of technical features
Patent drafting requirements
Prior art research
USPTO filing fees
Office action responses
Length of patent prosecution
Applications involving advanced software technologies often require more detailed legal drafting and technical explanation.
Why Is A Patent Search Important Before Filing?
A patentability search is often one of the first steps before filing a software patent application. This process helps identify existing patents, publicly available technologies, and prior art that may affect patent eligibility.
A strong search may help businesses:
Identify similar technologies
Reduce filing risks
Improve patent strategy
Avoid unnecessary expenses
Strengthen application quality
Software patent searches can become especially important because many industries already contain large numbers of existing patents and overlapping technologies.
How Much Does A Provisional Patent Application Cost?
Many startups begin with a provisional patent application before filing a full utility patent application. A provisional filing helps establish an earlier filing date while giving businesses additional time to continue development and evaluate long-term patent strategy.
Provisional applications are generally less expensive than nonprovisional filings because they do not immediately enter formal USPTO examination. However, strong technical documentation is still important because weak provisional filings may create problems later during prosecution.
Businesses often use provisional applications while:
Refining app functionality
Seeking funding
Testing products
Preparing full patent claims
How Much Does A Nonprovisional Patent Application Cost?
A nonprovisional patent application usually involves higher costs because it begins the formal patent prosecution process with the USPTO.
This type of filing often includes:
Detailed patent claims
Technical descriptions
System architecture explanations
Software workflows
Formal legal documentation
Software patent applications typically require detailed drafting because patent examiners carefully evaluate software-related inventions for patent eligibility and technical specificity.
The more complex the app technology becomes, the more preparation is often required before filing.
Why Are Software Patents Often Expensive?
Software patents frequently involve additional legal and technical challenges compared to some traditional mechanical inventions. The USPTO closely reviews software applications to determine whether the invention provides a technical improvement rather than a broad software concept.
Applications may require:
Detailed technical analysis
Claim revisions
Multiple office action responses
Examiner interviews
Additional prosecution work
This often increases both preparation time and long-term patent prosecution costs.
Apps involving AI systems, cybersecurity, automation, or advanced processing technologies may require particularly detailed applications.
What Are USPTO Filing Fees?
The USPTO charges government filing fees throughout the patent process. These fees may vary depending on the type of application, entity size, and number of patent claims included in the filing.
The USPTO charges government filing fees at multiple stages of the patent process. Current fee ranges for utility patent applications include:
Basic filing fee: approximately $320 (micro entity) to $1,600 (large entity)
Search fee: approximately $210 (micro entity) to $700 (large entity)
Examination fee: approximately $180 (micro entity) to $600 (large entity)
Issue fee upon approval: approximately $500 (micro entity) to $1,200 (large entity)
Maintenance fees: due at 3.5, 7.5, and 11.5 years after grant to keep the patent active
Startups and small businesses may qualify for reduced micro entity or small entity fees from the USPTO, which can meaningfully reduce government filing costs throughout the process.
What Are Office Action Costs?
Many software patent applications receive office actions during prosecution. An office action is a USPTO communication identifying issues, objections, or prior art concerns related to the application.
Responding to office actions may involve:
Revising patent claims
Clarifying technical details
Arguing against rejections
Narrowing claim scope
Complex software applications sometimes go through multiple rounds of office actions before approval is granted.
This is one reason software patent costs can increase over time if prosecution becomes lengthy.
Can Filing Mistakes Increase Patent Costs?
Yes. Weak preparation early in the process often creates larger expenses later.
Common filing problems may include:
Broad or unclear claims
Weak technical explanations
Incomplete software descriptions
Poor prior art analysis
Generic system language
Strong preparation from the beginning may help reduce unnecessary delays and repeated prosecution issues.
Is Patenting An App Worth The Investment?
For many startups and technology companies, software patents may provide long-term business value beyond legal protection alone.
Patent protection may help:
Protect innovation
Increase company valuation
Support licensing opportunities
Improve investor confidence
Strengthen market position
The value of the patent often depends on the uniqueness of the software and the company’s long-term commercial goals.
Why Do Startups File Software Patents Early?
Many startups begin patent planning before publicly launching their apps. Waiting too long after release may create disclosure risks or reduce available protection opportunities.
Early patent filing may help businesses:
Secure earlier filing dates
Protect core technology sooner
Support investment discussions
Reduce competitive risk
This approach is especially common in software industries where competitors move quickly.
Conclusion
The cost of patenting an app depends on several factors, including software complexity, patent drafting requirements, USPTO filing fees, and the length of patent prosecution. While software patents can require significant investment, strong intellectual property protection may provide long-term value for startups and technology companies developing innovative systems.
Understanding software patent eligibility and building a clear filing strategy early can help businesses reduce unnecessary costs and strengthen long-term protection opportunities.
Software patent costs are easier to manage when you have a clear strategy from the start. Poorly drafted applications that trigger repeated office actions or require significant claim revisions are often far more expensive in the long run than a well-prepared filing done correctly the first time.
Our USPTO-registered patent lawyers at Sleman & Lund LLP work with app developers and software startups to evaluate eligibility, conduct prior art searches, and prepare applications built to minimize prosecution delays. Book a free consultation today to discuss your app and get a realistic picture of what patent protection may cost for your specific technology.
FAQs
Can apps be patented in the United States?
Yes. Apps may qualify for patent protection when they include new and useful technical functionality or software systems.
Why do software patents cost more than some other patents?
Software patents often require detailed technical drafting, examiner review, and multiple office action responses during patent prosecution.
What affects the cost of patenting an app?
Costs may vary based on software complexity, filing strategy, prior art searches, USPTO fees, and prosecution requirements.
How much do USPTO filing fees cost for a software patent?
USPTO government filing fees for a utility patent application currently range from approximately $320 for micro entities to $1,600 for large entities for the basic filing fee alone. Additional search, examination, and issue fees apply throughout the process. Small businesses and startups may qualify for reduced fee classifications.
What is a provisional patent application?
A provisional patent application helps establish an early filing date before submitting a formal nonprovisional patent application.
Why are patent searches important before filing software patents?
Patent searches help identify existing technologies, reduce filing risks, and improve long-term patent strategy.
Can startups patent apps before launch?
Yes. Many startups file patent applications before public release to help protect core technology and reduce competitive risks.
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