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Biotech Patent Application: Drafting & Filing (U.S. Non-Provisional)
One U.S. non-provisional patent application for a biotech or life-sciences invention, covering gene editing, biologics, cell therapy, or diagnostics. Includes attorney-drafted claims and specification, data-supported examples, and USPTO filing. Government fees are billed at cost.
Price range: $4,500.00 to $27,200.00
Original price: $8,000.00 $4,500.00
Original price: $10,400.00 $5,850.00
Original price: $12,800.00 $7,200.00
Original price: $12,500.00 $7,200.00
Original price: $16,250.00 $9,360.00
Original price: $20,000.00 $11,520.00
Original price: $18,000.00 $10,500.00
Original price: $23,400.00 $13,650.00
Original price: $28,800.00 $16,800.00
Original price: $23,000.00 $13,500.00
Original price: $29,900.00 $17,550.00
Original price: $36,800.00 $21,600.00
Original price: $29,000.00 $17,000.00
Original price: $37,700.00 $22,100.00
Original price: $46,400.00 $27,200.00
A biotech patent application needs more than a typical software or mechanical filing: sequence data, experimental examples, and claims that cover your compositions, engineered organisms or cells, and methods in layers that hold up during examination. This service covers the drafting and filing of one U.S. non-provisional patent application for your life-sciences invention, at a fixed attorney fee based mainly on how many genes or targets you’re protecting.
Who this is for
Startups, university spinouts, research labs, and established companies filing a U.S. non-provisional application for:
- Gene editing and engineered organisms: CRISPR-Cas and other genome-editing methods, knockout and knock-in models, and engineered animals, plants, cell lines, tissues, and organs.
- Biologics and molecular compositions: antibodies, peptides, proteins, nucleic-acid constructs, vectors, and delivery systems.
- Cell and gene therapy: engineered cells, xenotransplantation, and regenerative medicine.
- Diagnostics: biomarkers, assays, and detection panels.
- Methods: making, culturing, screening, gestating, harvesting, and treating.
It’s a common fit for converting one or more provisional applications, or for an application of similar scope to a published patent you’ve identified.
One application per purchase
Each purchase covers one U.S. non-provisional application. Every limit on this page refers to what goes into that one application. If your invention needs more than one application, whether by strategy or because the USPTO later requires a split, each additional application is priced separately under these same tiers.
Scope tiers
Focused (1 invention): $4,500
Focused biotech non-provisional patent application. One core invention, claimed narrowly in one family, with broader claims saved for later continuations. The core invention can be one specific gene combination of up to 5 genes and the organism carrying it, one central method of making, growing, or treating, or one composition such as an antibody, peptide, construct, or cell line. Compare at $8,000. Est. USPTO filing fees: $2,000 large / $730 small / $400 micro.
Lead + Variants (2–5): $7,200
Lead compound and variants patent application. A lead candidate with its variants or analogs, or 2–5 targets, claimed in two families, such as composition plus method of treatment. Examples include a peptide and its analogs with a treatment method, or a CRISPR edit tested across several loci. Compare at $12,500. Est. USPTO filing fees: $4,600 large / $1,770 small / $920 micro.
Combination Program (6–15): $10,500
Multi-target combination patent application. A program with 6–15 genes or components and specific claimed combinations, organized into three families: composition, engineered organism or cell, and method. Examples include multiplex gene-editing strategies, engineered cell therapies with several modifications, and multi-analyte diagnostic panels. Compare at $18,000. Est. USPTO filing fees: $8,800 large / $3,450 small / $1,760 micro.
Platform Core (16–22): $13,500
Platform technology patent application. A genus-level invention with 16–22 targets and numerous claimed combinations across four claim families. Examples include broad delivery platforms and multi-target engineered-organism programs. Compare at $23,000. Est. USPTO filing fees: $11,400 large / $4,490 small / $2,280 micro.
Platform Extended (23–35): $17,000
Extended platform patent application. A large genus-level invention with 23–35 targets, many claimed combinations, five claim families, and multiple species or indications. Examples include engineered-organism platforms combining many gene knockouts with transplant-compatibility edits across several species. Compare at $29,000. Est. USPTO filing fees: $15,600 large / $6,170 small / $3,120 micro, plus size fees if the specification exceeds 100 sheets.
How your tier is set
Your tier is the highest one reached by at least two of the four factors in Block A.
Block A: What sets your tier
| Focused | Lead + Variants | Combination | Platform Core | Platform Extended | |
|---|---|---|---|---|---|
| Attorney fee | $4,500 | $7,200 | $10,500 | $13,500 | $17,000 |
| Genes or targets | 1 core invention (a combination of up to 5 genes counts as one) | 2–5 | 6–15 | 16–22 | 23–35 |
| Claimed combinations | 0–1 | 2–4 | 5–10 | 11–16 | 17–30 |
| Claim families | 1 | 2 | 3 | 4 | 5 |
| Claims (total / independent) | 20 / 3 | 30 / 4 | 45 / 6 | 55 / 7 | 70 / 9 |
A claim family needs its own independent claim, in one of five categories: composition, organism, method of making, method of use, or system. A claim limited only by purpose stays in its parent family.
Counting targets: a standard set of supporting edits, such as known xenotransplantation knockouts, counts as one target. Only genes new to your invention count individually.
Block B: What’s included
Every tier includes the attorney-drafted specification, claims, abstract, and figures list; formal filing documents; one round of substantive revisions; and USPTO filing with filing-receipt review.
| Focused | Lead + Variants | Combination | Platform Core | Platform Extended | |
|---|---|---|---|---|---|
| Data packages | 1 | 3 | 6 | 8 | 12 |
| Species, cell types, or indications | 1 | 2 | 3 | 4 | 6 |
| Provisionals consolidated | 1 | 2 | 3 | 4 | 5 |
Sequence listings, claim-set reviews, strategy memos, and gap analyses are available as add-ons below.
Block C: Timing and options
| Focused | Lead + Variants | Combination | Platform Core | Platform Extended | |
|---|---|---|---|---|---|
| Standard | 6 weeks | 8 weeks | 10 weeks | 12 weeks | 14–16 weeks |
| Expedited (+30%) | 4 weeks | 5 weeks | 6 weeks | 7 weeks | 9 weeks |
| Rush (+60%) | 3 weeks | 4 weeks | 5 weeks | 6 weeks | 7–8 weeks |
| Track One eligible as filed | Yes | Yes | No | No | No |
How we apply the tiers
- Two-of-four rule. Your tier is the highest tier reached by at least two of the four Block A factors. One high number becomes an overage, not a tier jump.
- Overages. Anything above your tier’s limits is charged at the fixed rates below.
- Cap. If your tier price plus overages would reach the next tier’s price, you move up to that tier and get its higher limits instead. You never pay more than the next tier costs.
- Upgrade recommendation. If your total comes within 10% of the next tier’s price, we’ll recommend upgrading.
- One-application ceiling. If two or more Block A factors exceed Platform Extended’s limits, we’ll recommend splitting into two or more applications, each priced under these same tiers.
Overage rates
| Over your tier’s limit | Fee per unit | Maximum in one application |
|---|---|---|
| Each additional gene or target | $215 | 35 total |
| Each additional claimed combination | $170 | 30 total |
| Each additional claim family | $1,600 | 5 total |
| Each additional claim | $70 | 70 total |
| Each additional independent claim | $215 | 9 total |
| Each additional data package | $960 | 12 total |
| Each additional species, cell type, or indication | $740 | 6 total |
| Each additional provisional consolidated | $300 | 5 total |
| Converting a PCT or foreign claim set to U.S. practice | $950 | — |
| Drafting to match a published reference patent | $950 | — |
Anything over these maximums goes to a second application.
Turnaround options
Standard: drafting time as listed for your tier. No surcharge.
Expedited (+30% of attorney fee): about 40% faster than standard. This is for an application that must be filed before a provisional’s 12-month anniversary.
Rush (+60% of attorney fee): about half the standard drafting time, subject to availability. This is for an application that must be filed before a publication, conference presentation, poster, grant disclosure, or investor pitch.
USPTO fees for this application
USPTO fees are paid to the government, billed at cost, and separate from the attorney fee. They depend on your entity status and the size of your claim set. Small entity status generally covers businesses with 500 or fewer employees, universities, and nonprofits. Micro entity status has additional income and assignment limits. We confirm your status at intake, since false entity claims carry USPTO penalties.
Required at filing
| Fee | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Basic filing fee (electronic) | $350 | $70 | $70 |
| Search fee | $770 | $308 | $154 |
| Examination fee | $880 | $352 | $176 |
| Total base fees | $2,000 | $730 | $400 |
Base fees cover up to 20 total claims and 3 independent claims.
Charged at filing when they apply
| Fee | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Each claim over 20 | $200 | $80 | $40 |
| Each independent claim over 3 | $600 | $240 | $120 |
| Multiple dependent claims (once per application) | $925 | $370 | $185 |
| Application size fee, per 50 sheets over 100 | $450 | $180 | $90 |
| Sequence listing 300–800 MB | $1,140 | $456 | $228 |
| Sequence listing over 800 MB | $11,290 | $4,516 | $2,258 |
| Petition to accept color drawings or photographs | $150 | $60 | $30 |
| Prioritized examination (Track One), optional | $4,515 | $1,806 | $903 |
We file the specification in DOCX format, which avoids the USPTO’s non-DOCX surcharge ($430 large, $172 small, $86 micro).
Estimated USPTO filing fees by tier
These assume your tier’s maximum claim count, no multiple dependent claims, and a specification under 100 sheets.
| Tier (max claims) | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Focused (1 invention) (20 / 3) | $2,000 | $730 | $400 |
| Lead + Variants (2–5) (30 / 4) | $4,600 | $1,770 | $920 |
| Combination Program (6–15) (45 / 6) | $8,800 | $3,450 | $1,760 |
| Platform Core (16–22) (55 / 7) | $11,400 | $4,490 | $2,280 |
| Platform Extended (23–35) (70 / 9) | $15,600 | $6,170 | $3,120 |
Platform specifications often exceed 100 sheets, which adds the application size fee. Multiple dependent claims add the fee above, and each one is also counted as the number of claims it refers to when excess-claim fees are calculated. Our fee-optimization review add-on structures your claim set to keep these fees down.
Information Disclosure Statement (IDS) size fees
There’s no fee for an IDS filed with the application. Size fees apply once the cumulative number of references cited passes certain thresholds, and they’re the same for every entity size.
| Cumulative references cited | Fee |
|---|---|
| 51–100 | $200 |
| 101–200 | $500 total (less any amount already paid) |
| Over 200 | $800 total (less any amount already paid) |
Later fees, if your patent is allowed (not part of this engagement)
| Fee | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Issue fee | $1,290 | $516 | $258 |
| Maintenance fee at 3.5 years | $2,150 | $860 | $430 |
| Maintenance fee at 7.5 years | $4,040 | $1,616 | $808 |
| Maintenance fee at 11.5 years | $8,280 | $3,312 | $1,656 |
USPTO fees change periodically. We confirm the current amounts before filing.
Add-ons
Sequence listing for this application
| Sequences | Attorney fee |
|---|---|
| Up to 25 | $245 |
| 26–100 | $475 |
| 101–300 | $795 |
| 301–1,000 | $1,225 |
| More than 1,000 | We’ll recommend splitting across applications |
| Validation of a client-prepared ST.26 listing | $155 |
USPTO size fees apply only above 300 MB.
Reviews and strategy
| Add-on | What it does | Fee |
|---|---|---|
| Fee-optimization review | Structures your claim set to avoid multiple-dependent-claim and excess-claim fees | $250 |
| Restriction-risk review | Identifies where the USPTO is likely to split your application | $450 |
| Continuation roadmap | One page listing the broader claims to pursue later | $350 |
| Filing strategy memo | Maps your claims to this application and future continuations and divisionals | $615 |
| Written-description gap analysis | Shows which claims your current data supports and which need more examples | $955 |
| Subject-matter eligibility review | Checks claims against U.S. limits, including the human-organism prohibition, functional claiming, and indefiniteness | $650 |
| Prior-disclosure and grace-period review | Checks publications, talks, and press against filing deadlines | $305 |
| Inventorship review | For projects with more than 4 contributors | $305 |
Other add-ons
| Add-on | Attorney fee | USPTO fee (large / small / micro) |
|---|---|---|
| Restriction requirement response for this application | $325 | None |
| New claim family added after drafting begins | $1,600 | Excess-claim fees, if triggered |
| New data package added after first draft | $960 | Size fee, if the specification passes 100 sheets |
| Biological deposit guidance (e.g., ATCC cell-line deposit) | $305 | None (depository fees billed separately) |
| IDS preparation, up to 50 references | $305 | Size fees above 50 references |
| Petition for color drawings (histology, IHC, gel images) | $170 | $150 / $60 / $30 |
| Pre-filing patentability search | $1,420 | None |
| Track One prioritized-examination request | $400 | $4,515 / $1,806 / $903 |
Track One is limited to applications with no more than 4 independent claims, 30 total claims, and no multiple dependent claims. It’s available as filed for Focused and Lead + Variants; larger tiers would need a reduced claim set.
What’s included
- Attorney-drafted specification, claims, abstract, and figures list for one application.
- Claim strategy across the claim families in your tier, with fallback positions from broad genus claims to specific species claims.
- Drafting of embodiments, variants, and combinations supported by your disclosure.
- Incorporation of your experimental data into the examples.
- Priority claims to your provisional or foreign applications, up to your tier’s limit.
- Formal filing documents: Application Data Sheet, inventor declarations, power of attorney, and assignment preparation and electronic recordation.
- Filing in DOCX format to avoid the non-DOCX surcharge.
- Inventor working sessions to refine claim strategy.
- One round of substantive revisions.
- Filing with the USPTO, plus review of the filing receipt.
What’s not included
- Sequence listings, claim-set reviews, strategy memos, and gap analyses, which are available as add-ons above.
- Additional U.S. applications, including continuations, continuations-in-part, and divisionals.
- Divisional applications resulting from a USPTO restriction requirement. Restriction is common in biotech when one application claims several distinct compositions or methods. Each divisional is a new application priced under these tiers.
- All USPTO fees, billed at cost as listed above.
- Government, third-party, foreign-associate, translation, courier, depository, and vendor fees.
- Formal drawings, unless purchased separately.
- Office-action responses and prosecution of this application, other than the restriction-response add-on.
- Issue and maintenance fees, and the work to pay them.
- Litigation, contested proceedings (IPR/PGR/PTAB, oppositions), or appeals.
- Freedom-to-operate opinions or regulatory advice (e.g., FDA, USDA, or animal-welfare requirements).
- PCT or foreign filings based on this application (separate engagement). The 12-month foreign priority deadline runs from your earliest provisional, so plan foreign filings early.
Your responsibilities
- Provide complete, accurate, and timely technical and business disclosures.
- Provide all sequences, constructs, compositions, targets, and combinations to be claimed.
- Provide experimental data, images, and results in final form.
- Identify all prior filings, publications, presentations, grant disclosures, and media coverage, with dates.
- Identify everyone who contributed to the invention.
- Confirm your applicant entity status before filing.
- Review and approve drafts and the final application before submission.
- Pay USPTO and third-party fees before any filing deadline.
Assumptions
- One primary applicant or business entity, and one jurisdiction (U.S.).
- Tier drivers and included limits as set for your tier, plus any overages quoted at intake.
- No material adverse facts (e.g., prior public disclosure, intervening prior art) discovered after engagement.
- Tier and any overages confirmed in your engagement letter.
What changes the scope
- Adding targets, combinations, sequences, species, indications, or claim families after drafting begins.
- New experimental data delivered after the first draft.
- A material change in the invention, claims, or filing strategy.
- An expedited timeline not selected at purchase, such as a newly discovered provisional deadline or an upcoming disclosure.
- After-discovered prior art, prior use, or undisclosed prior filings, including your own publications or publicity.
- Adversarial action by a third party.
If any of these occurs, we’ll tell you the cost before doing additional work, using the overage and add-on rates on this page, including any added USPTO fees.
Deliverables and timing
You receive one filed U.S. non-provisional patent application, along with the USPTO filing receipt and a summary of USPTO fees paid, plus any add-ons you select. Standard drafting takes 6–16 weeks depending on tier, data readiness, and sequence-listing size.
Frequently asked questions
How much does a biotech patent application cost?
The attorney fee for one U.S. biotech non-provisional application ranges from $4,500 for a Focused application to $17,000 for Platform Extended. USPTO filing fees are extra and range from about $400 to $15,600 depending on tier and entity status.
Can I get a patent application for under $10,000?
Yes. Our Focused Non-Provisional is $4,500, or $5,230 with small-entity USPTO fees, before drawings. Lead + Variants is $7,200, or $8,970 with small-entity USPTO fees.
How do I choose my tier?
Start with the number of genes or targets you’re protecting, shown in each button. At intake, we confirm your tier using four factors: targets, claimed combinations, claim families, and claims. Your tier is the highest one reached by at least two of them.
What if my invention goes slightly over my tier’s limits?
We add a small fixed charge for each item over the limit, such as $215 per extra target or $740 per extra species. You’ll never pay more than the next tier costs. If you’d be close, we’ll recommend upgrading, since the next tier includes more.
What if my invention is too big for one application?
If it exceeds Platform Extended’s limits on two or more factors, we’ll recommend splitting it into two or more applications. Each is priced separately under the same tiers.
What USPTO fees should I expect?
Base USPTO filing fees are $2,000 for large entities, $730 for small entities, and $400 for micro entities, covering up to 20 claims and 3 independent claims. Larger claim sets add $200 per claim over 20 and $600 per independent claim over 3, with lower amounts for small and micro entities. Estimated filing fees range from about $2,000 for a Focused application to about $15,600 for Platform Extended, for a large entity. All USPTO fees are billed at cost.
Do I qualify for small or micro entity fees?
Small entity status generally covers businesses with 500 or fewer employees, universities, and nonprofits, provided rights haven’t been licensed or assigned to a larger entity. Micro entity status has additional income and assignment limits. We’ll confirm your status at intake.
What is a restriction requirement, and how could it affect my cost?
The USPTO can require an application claiming several distinct inventions to be limited to one of them. This is common in biotech. We respond to the requirement for a fixed $325, and you can pursue the remaining inventions in divisional applications, each priced as a new application. Our restriction-risk review add-on helps you plan for this before filing.
Do I need a sequence listing?
If your application discloses nucleotide or amino-acid sequences that meet USPTO thresholds, a sequence listing in WIPO ST.26 XML format is required. We can prepare it as an add-on, starting at $245, or validate one you provide. USPTO size fees apply only to very large listings, above 300 MB.
I’ve already published or presented my research. Can I still file?
Possibly. The U.S. has a one-year grace period for your own disclosures, but foreign rights may already be affected. Our prior-disclosure review checks what’s been disclosed and when, so we can draft around it.
Can you convert my provisional application?
Yes. A non-provisional application must be filed within 12 months of the earliest provisional to claim its priority date. If that deadline is close, choose Expedited.
I’m presenting my research soon. Can you file before then?
Yes. Rush turnaround takes about half the standard drafting time, from about 3 weeks for a Focused application to about 7–8 weeks for Platform Extended, subject to availability. Contact us as soon as you know the date.
Can I get faster examination?
Yes, through Track One prioritized examination, which carries a USPTO fee of $4,515 for large entities, $1,806 for small entities, and $903 for micro entities. It requires no more than 4 independent claims, 30 total claims, and no multiple dependent claims.
Can you draft an application similar in scope to an existing patent?
Yes. Send us the reference patent or publication during intake, and we’ll use it to confirm your tier, any overages, and likely USPTO fees.
Ready to get started? Schedule an intake call to confirm your tier and begin your biotech patent application.
Compare-at price reflects the current average attorney market rate for the same scope of work for flat-fee listing.
Attorney advertising. Attorney fee shown is the starting fee; the final fee is confirmed in a signed engagement letter. Official and third-party fees are billed separately at cost and may change. Purchase alone does not create an attorney–client relationship. Prior results do not guarantee a similar outcome.
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