Patent Searches and Opinions
Why they are done:
Patent searches and opinions are performed for a variety of reasons:
- determining whether an invention is patentable (Patentability Search). Before paying money to try an obtain a patent, it makes a lot of sense to get an idea whether or not your invention is even patentable.
- determining whether one can manufacture a product (Freedom-to-Operate). If you are considering a new product, you should obtain an opinion as to any potentially problematic patents in your field prior to launching your product.
- determining the level of technology within a given field (State-of-the-art Search).
- determining infringement of a patent (non-infringement opinion). Given the potential costs of defending a patent infringement case (often in the millions of dollars), avoiding getting involved in such a suit is your best strategy. In addition, willful infringers of a patent may be in the unenviable position of being held liable for not only the patentee's lost profits, but up to 3 times the amount of lost profits. Whether you reasonably relied on legal advice is a critical factor in determing willful infringement.
Cost: In general, RogersIPGroup will do a preliminary simple search as part of the $1,000 retainer fee you pay us to start work on filing a patent application for you.
The total costs for a detailed search and written opinion can vary significantly depending on the complexity of your invention. Below are ranges for such searches including our written opinions with the lowest prices being for the less complex inventions and higher prices for most complex inventions.
Search with a Basic Opinion: $ 2,000 - $ 4,000
Search with a Detailed Opinion: $ 3,000 - $ 6,000