Patent attorney fees vary 2-3x depending on where you hire. The average provisional patent costs $1,000 in Iowa and $7,250 in North Carolina. These numbers come from pricing data collected from 117 patent attorneys across 19 states.
Since patent attorneys are licensed federally by the USPTO (not by state bar), you can hire an attorney in any state. That means a software developer in San Francisco can hire an attorney in Texas and save thousands. The table below shows what attorneys actually charge in each state.
Key facts:
- National average provisional patent: $3,500
- National average utility patent: $8,000
- Lowest average state (provisional): Iowa at $1,000
- Highest average state (provisional): North Carolina at $7,250
- Data source: 117 attorneys with verified pricing on MadePatents
Patent Attorney Fees by State
The table below shows average attorney fees for provisional and non-provisional (utility) patent applications. These are attorney fees only. Add USPTO filing fees ($320 for small entities, $80 for micro entities) for the total cost. States marked with an asterisk (*) show national averages because we have pricing from fewer than 2 attorneys there.
| State | Attorneys | Avg. Provisional | Avg. Utility | Provisional Range |
|---|---|---|---|---|
| Alabama * | 23 | $3,500* | $8,000* | N/A |
| Arizona * | 36 | $3,500* | $8,000* | N/A |
| Arkansas * | 10 | $3,500* | $8,000* | N/A |
| California | 459 | $4,924 | $10,022 | $700 - $15,000 |
| Colorado | 51 | $2,900 | $7,000 | $2,300 - $3,500 |
| Connecticut | 32 | $3,650 | $6,750 | $3,000 - $5,000 |
| Delaware * | 26 | $3,500* | $8,000* | N/A |
| District of Columbia * | 50 | $3,500* | $8,000* | N/A |
| Florida | 202 | $3,563 | $8,220 | $2,500 - $4,500 |
| Georgia | 87 | $4,000 | $10,438 | $2,250 - $7,500 |
| Hawaii * | 3 | $3,500* | $8,000* | N/A |
| Idaho * | 14 | $3,500* | $8,000* | N/A |
| Illinois | 129 | $3,500 | $7,900 | $2,000 - $5,000 |
| Indiana * | 26 | $3,500* | $8,000* | N/A |
| Iowa | 18 | $1,000 | $9,000 | $1,000 - $1,000 |
| Kansas * | 13 | $3,500* | $8,000* | N/A |
| Kentucky * | 24 | $3,500* | $8,000* | N/A |
| Louisiana | 22 | $3,125 | $6,250 | $2,750 - $3,500 |
| Maine * | 4 | $3,500* | $8,000* | N/A |
| Maryland * | 33 | $3,500* | $8,000* | N/A |
| Massachusetts | 109 | $3,875 | $9,429 | $2,500 - $5,000 |
| Michigan * | 54 | $3,500* | $8,000* | N/A |
| Minnesota | 71 | $3,375 | $8,750 | $3,000 - $3,750 |
| Mississippi * | 2 | $3,500* | $8,000* | N/A |
| Missouri * | 33 | $3,500* | $8,000* | N/A |
| Montana * | 12 | $3,500* | $8,000* | N/A |
| Nebraska * | 9 | $3,500* | $8,000* | N/A |
| Nevada * | 22 | $3,500* | $8,000* | N/A |
| New Hampshire * | 12 | $3,500* | $8,000* | N/A |
| New Jersey | 60 | $1,981 | $6,125 | $1,000 - $3,973 |
| New Mexico * | 7 | $3,500* | $8,000* | N/A |
| New York | 261 | $3,500 | $9,625 | $2,500 - $5,000 |
| North Carolina | 68 | $7,250 | $14,500 | $4,500 - $10,000 |
| North Dakota * | 2 | $3,500* | $8,000* | N/A |
| Ohio * | 56 | $3,500* | $8,000* | N/A |
| Oklahoma | 16 | $5,000 | $9,250 | $5,000 - $5,000 |
| Oregon * | 35 | $3,500* | $8,000* | N/A |
| Pennsylvania | 87 | $6,494 | $8,563 | $1,200 - $11,500 |
| Rhode Island * | 7 | $3,500* | $8,000* | N/A |
| South Carolina * | 21 | $3,500* | $8,000* | N/A |
| South Dakota | 5 | $3,750 | $9,500 | $3,750 - $3,750 |
| Tennessee * | 34 | $3,500* | $8,000* | N/A |
| Texas | 230 | $2,667 | $9,300 | $1,500 - $3,500 |
| Utah * | 43 | $3,500* | $8,000* | N/A |
| Vermont * | 8 | $3,500* | $8,000* | N/A |
| Virginia | 68 | $4,675 | $8,592 | $2,000 - $10,000 |
| Washington | 55 | $4,237 | $8,125 | $3,973 - $4,500 |
| West Virginia * | 3 | $3,500* | $8,000* | N/A |
| Wisconsin * | 40 | $3,500* | $8,000* | N/A |
| Wyoming * | 2 | $3,500* | $8,000* | N/A |
* States marked with an asterisk have fewer than 2 attorneys with verified pricing. National averages are shown as estimates. Data from MadePatents directory of 2,694 patent professionals. Pricing last verified April 2026.
Why Patent Costs Differ by Location
Three factors drive the price difference between states.
Cost of living. Attorneys in New York, San Francisco, and Washington DC have higher overhead. Office rent, staff salaries, and malpractice insurance all cost more. Those costs get passed to clients. An attorney in Austin or Denver doing identical work will charge less because their operating costs are lower.
Market density. States with more patent attorneys tend to have more competitive pricing. When 500 attorneys compete for clients in California, prices get pushed down toward efficient levels. In states with 20 attorneys, there is less price pressure.
Specialization. Some states concentrate in specific patent types. Silicon Valley attorneys handle mostly software patents. Boston attorneys do significant biotech work. Houston has petroleum and chemical patent specialists. Specialized expertise can command higher fees, but it also means the attorney has done your type of patent hundreds of times and can work faster.
How to Save on Patent Attorney Fees
The biggest lever is hiring outside your metro area. A patent attorney in a lower-cost state can file your application just as effectively as one in Manhattan. The USPTO does not care where your attorney is located.
- Compare across states. Get quotes from 3-4 attorneys in different regions. Use our attorney directory to find professionals with your specialty.
- Ask about flat fees. Flat-fee arrangements give you cost certainty. About 60% of patent attorneys offer flat fees for provisional applications.
- Check entity status. Small businesses and individual inventors qualify for 50-80% discounts on USPTO fees.
- Start with a provisional. A provisional patent costs less than half of a full utility patent and buys you 12 months to test the market.
Understanding the Data
The pricing data in this guide comes from the MadePatents directory of 2,694 patent professionals. Of those, 117 have verified pricing information. Averages are calculated from attorney-reported fees for standard complexity inventions.
Your actual cost depends on the complexity of your invention, the type of patent, and the attorney's experience level. Use our patent cost calculator for a personalized estimate, or read our full patent cost breakdown for detailed pricing by patent type.
For help choosing the right professional, see our guide on how to choose a patent attorney.
