Welcome to DetroitPatents.com

Operated by AU LLC, DetroitPatents.com quickly and conveniently illustrates various patent-related services we provide and the rates and timelines by which those services are generally accomplished.

Contact Us if you have any questions about your product idea.  Depending on the complexity of your invention, fees associated with the preparation and filing of application therefor may vary widely.  Initial consultations are free, confidential, and without obligation.

Patent Opinions

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Utility Patents

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Design Patents

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Patent Opinion Services

Because the patent prosecution process, and especially patent litigation, can be expensive and protracted, it is very often beneficial to conduct a evaluation of your invention, existing prior art, and your issued patent(s) prior to filing an application, marketing your invention, or deciding to enforce your patent rights. Further, acquiring an opinion as to the patentability and validity of patent-related interests can help defeat claims of willfulness should infringement allegations later arise.

Patentability Opinion - $850 flat fee

A Patentability Opinion comprises: (i) a comprehensive global prior art search to find references an examiner may cite against an application under 35 U.S.C. ss 102, 103; and (ii) a conservative analysis regarding whether your Invention, as it is disclosed to us, is more or less-likely patentable in light of the cited references and requirements on patentable subject matter under 35 U.S.C. s 101, in light of relevant case law (e.g., Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)).  Results of a Patentability Opinions are, typically, recommendations to move forward with one or more applications or to further develop Invention features and characteristics to put it in a more-novel position.

Infringement Opinion - $1,200 flat fee

An Infringement Opinion comprises: (i) comparing a patent owner’s patents against potentially infringing products in contemplation of a dispute; or (ii) comparing a seller’s product against one or more patents to determine whether there is an appreciable risk of infringement.  These comparisons invoke tests for literal infringement and infringement under the Doctrine of Equivalents and ordinary observer tests, where applicable.

Invalidity Opinion - $2,000 flat fee

An Invalidity (or validity) Opinion comprises retroactive analysis of whether an issued patent’s claims may not be enforceable, despite the patent being issued.  This invalidity may be based on Section 101-103 issues or, after reviewing the patent prosecution’s file wrapper, the patent applicant’s misconduct before the USPTO.  Naturally, the analysis can be useful when being threatened with litigation by another party or when contemplating bringing litigation against another party.  Results of an Invalidity Opinion include which, if any, independent or dependent claims of a patent are enforceable or unenforceable, advising dispute resolution strategy.

Utility Patents

Utility patents protect new, useful, and non-obvious processes, machines, manufactures, or compositions of matter, or any new and useful improvement thereof.  The protection generally applies to the invention’s functional – what it is actually doing or accomplishing and how it is working.

  • A utility patent has a term of 20 years from the earliest filing date (e.g., a non-provisional utility application);
  • There are maintenance fees due 3.5, 7.5, and 11.5 years after a utility patent issues;
  • Utility patents usually have several or many claims;
  • The USPTO will honor foreign priority for a utility patent application so long as the foreign application was filed up to 12 months prior; and
  • Non-provisional utility patent applications are generally published 18 months from the earliest filing date, including priority dates (e.g., a provisional application).

A non-provisional utility patent application consists of a specification, a set of claims, MPEP-compliant drawings, and various USPTO filing forms.  Provisional applications are generally less-structured and lack developed claims or formal drawings, yet must otherwise be enabling and serve to secure priority dates for subsequent non-provisional applications.

Flat Legal Fee: $1,500 – $11,000*

Filing Fees: $65 – $730

Drawing Fees: $40/ea., where necessary

Timeline: ~1 – 3 weeks to prepare and file, examination (for non-provisional) ~18 – 48 months

*flat fees cover preparation and filing

Design Patents

Design patents protect new, original, and ornamental designs for articles of manufacture.  The protection applies to an article’s visual characteristics and appearance, and not an article’s functional characteristics.

  • A design patent has a term of 15 years from the date the design patent is granted;
  • There are no maintenance fees for design patents;
  • Design patents have just one claim;
  • There is not a Patent Cooperation Treaty international application for design patents;
  • The USPTO will honor foreign priority for a design patent application so long as the foreign application was filed up to six (6) months prior; and
  • Design patent applications are not published.

A design patent application consists of a specification, a single claim, drawings, and various USPTO filing forms.  It cannot be overstated how important quality drawings are, and we engage a variety of professional patent drafting firms to reduce the risk of drawing rejections during patent prosecution.

Flat Legal Fee: $750

Filing Fees: $190 / $380

Drawing Fees: $45/ea.

Timeline: ~2 weeks to prepare and file; examination in ~12 months

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DetroitPatents.com is operated by AU LLC, a law firm serving inventors, entrepreneurs, and small to mid-sized ($50M) businesses with the evaluation, protection, and transaction of patent assets.  Further information about our practice can be found at AU-LLC.com.

Intake Forms

Design Patent Intake FormUtility Patent Intake Form

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This communication: (i) is not a substitute for professional legal advice; (ii) does not create any attorney-client relationship; and (iii) is not a solicitation to offer legal advice. The internet is inherently insecure and Au LLC encourages you to avoid disclosing any confidential information to it through this web form.  You should seek the advice of a licensed attorney in an appropriate jurisdiction before taking any action that may affect your rights.