Assessment Of Whether The Claims of One’s Patent “Read On” (i.e., The 1st Point That A Patentee Must Prove To Be Successful In A Patent Infringement Lawsuit) An Accused Product, Service, Etc.
For an assessment of whether another’s product, service or method of operation is potentially infringing one’s patent, there are a few options to choose from, depending on the level of comfort one is seeking. The more thorough the review, the more cost is involved.
Option 1: Quick Look Review
- Review the client’s issued patent (not its file history, as we’ll assume that it’s valid for the purposes of this quick look review);
- Review the information the client provides that describes, as completely as possible, the product, service or method of operation about which there is a question of infringement;
- Telephone call with the client to discuss our thoughts based on the above review.
- This review usually takes a few hours, and is usually quoted in the $2,000 range but can quickly increase to $3,000 or more depending on the complexity of the client’s patent & the possibly infringing product, service or method of operation.
Option 2: Intermediate Review
- The review incorporates the above points, plus:
- Brief review of the patent’s file history and a preliminary assessment of whether the patent can withstand challenges as to its validity;
- Delivery of a preliminary, written, non-opinion report with a summary of issues.
- This intermediate level of review generally adds another $3,000 – $5,000 in legal fees depending on the complexity and size of the patent’s file history (50 – 1,000p and which usually depends on how many pieces of prior art were cited against the application from which the patent issued and whether the application claimed priority to any prior patent filings) and as to whether more information might need to be provided by the client to clarify the nature of the possibly infringing product, service or method of operation.
Option 3: Full Service Review
- This review incorporates the above points, plus:
- Full, Written Report;
- This full service level of review will generally add another $5,000 – $10,000 or more of legal fees depending on the complexity of the task involved in fully documenting and explaining the parts of the infringement analysis and the total amount of information that the client eventually provides regarding the possibly infringing product, service or method of operation. Please note, any searching services in the above options will be limited to the file history, etc. of the client’s patent. Searching for more information on any accused, infringing product, service or method of operation is outside the scope of this quote for services.
- Also, please feel free to contact us if you’d like to discuss any of these options further.