You're Kidding Me, How Much Is This Going to Cost? Episode 100

(This episode first aired in 2019. The costs and governments fees have increased, sometimes dramatically.)

100 Episodes – A Quick Reflection

We did it, my friends! 100 episodes.

I’ve been a podcast and information junkie for a long time. I listen to all my podcasts at 2.5x speed and YouTube videos at 2x speed to learn as fast as I can. When I started my own law practice, I thought it would be fun to do a podcast, and after a hundred regular episodes—and a few bonus interview episodes—I think I’ve really covered the basics of the entire patenting process, along with some tidbits on trademark and copyright law.

If you’ve made it through all 100 episodes, you probably know more about some areas of the patent process than many patent attorneys, because a lot of patent attorneys rely on paralegals to do the nitty-gritty stuff. I’ve tried to give you the basics for how to do things yourself.

Listener Experiences and Learning Curve

Several people have contacted me saying they listened to my podcast, filed their own application, and now want me to take over.

Sometimes, though, they either didn’t listen closely or ten-minute podcast episodes weren’t enough to get everything right. In some cases, I’ve had to start over from scratch. Hiring an attorney at the beginning would have been better. But at the very least, if you listened, you’ll have an idea of what’s going on—even if you ultimately hire an attorney.

Thank You and What’s Next

I’m really grateful to all my listeners, especially those who have reached out. And if you’ve been listening in silence, I’d still love to hear from you. Send me an email—even propose topics if I haven’t covered them.

I think I’ve at least mentioned everything that can happen during the patenting process, so now that we’ve hit Episode 100, I’ll probably slow down on weekly episodes and instead focus on bonus interviews with entrepreneurs or inventors outside the patent space, or Q&A episodes if you send me questions.

The Most Common Question I Get: “How Much Will This Cost?”

I thought I’d end this episode by answering the question I get more than any other:

“How much will X cost me?”

This could be anything from a trademark search to filing a patent or getting one issued.

Why Lawyers Say “It Depends”

Before I became a lawyer, I hated hearing “It depends.” I just wanted a straight answer—but lawyers never gave one.

I swore I’d be different and give people clear answers. And guess what? I say “It depends” all the time. I’m not proud of it—but it’s the truth.

Good News: Many Patent Tasks Can Be Flat-Fee

Luckily, a lot of what I do can be done for a flat rate. I don’t directly handle litigation anymore—I refer that to litigation colleagues—but for prosecution, trademarks, and copyrights, there are usually defined steps that make estimating costs easier.

Rough Estimates for Patent Costs

Let’s break down some rough estimates. These are also listed on my website.

Utility Patent Applications (Non-Provisional):

For something very simple (like a tie clip): ~$5,500

For moderate complexity (e.g., small automobile part): ~$7,500

For highly complex inventions (biomedical, pharmaceuticals): $9,500+

Make sure you know what’s included: filing fees, drawings, assignments, Information Disclosure Statements, etc.

I generally include everything up to filing. But sometimes, things expand—what looked like 3 figures turns into 25. Draftsmen charge $25–$50 per figure, so I often include a set number (e.g., 5) and charge extra for additional drawings.

What If You Can’t Afford a Full Utility Application?

You can file a provisional patent application. Costs vary depending on how much work you want the attorney to do.

If you provide all the detailed content and images, and I just assemble and file: ~$1,000

If I write the provisional for you: closer to a full utility cost (maybe $1,000–$4,000+)

Other Application Types

PCT Application:

Usually ~$2,500 more than a U.S. application

Design Patent Application:

Roughly $2,000–$3,000 depending on complexity and number of figures

Patentability Searches and Opinions

Patentability Opinion:

$1,500–$2,500 depending on complexity

You can also do a patent search yourself (I covered that in an early episode), but if you want an attorney to do it, those are typical rates.

Freedom to Operate / Infringement Opinions:

These are more expensive—often $6,000+—because they involve reviewing many patents and are far more labor-intensive.

Responding to Office Actions

If your application gets rejected, a response to a basic rejection (few references, simple issues): ~$2,000–$3,000

Foreign Patents

There’s no such thing as a worldwide patent. You must file in each country or region separately.

Realistically, global patenting can cost over $1 million, but most people don’t go that far. You need to focus on countries where you actually expect to market or license your invention.

If you already have a U.S. application:

Expect $3,000–$8,000 per country just to file, including my fee ($1,000–$2,000), local counsel fees, and local filing fees.

You’ll also pay annual maintenance fees in many countries—anywhere from a few hundred to a few thousand dollars.

Translations may be required, and you should use a professional translator. That alone can cost $1,500–$6,000+, depending on country and patent length.

Should Individual Inventors File Foreign Patents?

Usually, no—it’s too expensive.

Instead, consider filing a PCT application to preserve international rights while you seek investors. If you’re not prepared to spend $10,000–$25,000 per application long-term, you may want to reconsider whether patenting is the right path.

Appeals and Litigation

I didn’t even cover appeal costs or more specific scenarios. It gets complicated fast.

Patent litigation can easily run into hundreds of thousands to millions of dollars.

Trademark Costs (These costs and fees were from 2019 and are outdated)

USPTO Filing Fee: At least $225 per class (whether you file yourself or use an attorney)

Simple Trademark Application (one class): ~$700 including filing fee

Trademark Search and Opinion: ~$1,000 depending on scope (foreign, state, common law, etc.)

Responding to Office Actions: Starting around $700, more if complex

Statement of Use / Maintenance Filing: ~$600

Madrid Protocol (international trademark application): Starts around $1,500; could be $2,500+ depending on number of countries

Copyright Costs (These costs and fees were from 2019 and are outdated)

Simple Copyright Registration: ~$300

More complex cases (e.g., multiple authors, derivative works) can cost more.

Final Thoughts on Costs

Everything can vary, but there are six words you should never expect to hear from your patent attorney:

“This is going to be cheap.”

It’s not. And you need to be prepared for that.

Any attorney who tells you that probably just wants to hook you in and surprise you later. I try to be completely upfront about costs. Yes, there can be surprises—but I’ll tell you about them, and what they might cost.

Thank You for 100 Episodes

I hope you’ve enjoyed the first 100 episodes, and that my podcast has been helpful to you.

I’d love to hear how the show has helped you. Send me questions—I might do bonus Q&A episodes. Also, expect some bonus interviews with inventors, entrepreneurs, or experts outside the patent world.

I’m Adam Diament, and until next time, keep on inventing.