Not all inventions need the same type of patent. Answer 4 quick questions to get a recommendation — utility patent, design patent, or provisional application. The comparison table below covers all three in detail.
| Feature | Utility Patent | Design Patent | Provisional Application |
|---|---|---|---|
| Protects | How an invention works, is used, or is made | Ornamental appearance of a product | Establishes priority date only (not a patent) |
| USPTO filing fee (small entity) | $320–$830 | $220–$560 | $160–$320 |
| Total cost with attorney | $8,000–$15,000+ | $2,000–$4,000 | $1,500–$3,000 |
| Patent term | 20 years from filing | 15 years from grant | 12 months (then must file nonprovisional) |
| Examination | Full examination required | Examination required (faster) | Not examined |
| Average pendency | 2–3 years | 1.5–2 years | N/A (placeholder) |
| Best for | Novel functional inventions, software, processes | Product appearance, UI elements, packaging | Buying 12 months to develop + fund before full filing |
| Can use "Patent Pending" | After filing | After filing | Yes — immediately |
| Maintenance fees | Due at 3.5, 7.5, 11.5 years | None | None |