Patent Non-Infringement Opinion
A written non-infringement analysis comparing your product to each asserted claim element by element, including the doctrine of equivalents and any prosecution history estoppel.
Includes the claim construction positions the analysis depends on. Written and signed by an MC Law attorney, with the analysis and the assumptions it rests on set out in full.
Frequently asked questions
The fee covers the search and analysis the opinion rests on, a written opinion signed by the attorney, with its reasoning and assumptions set out, and a call to walk you through the conclusions and the next step. It is fixed at this scope: one patent, and one product. 1 round of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference—we do not bill past a flat fee without agreeing it first.
2 to 3 weeks from a complete set of instructions, plus time for the 1 round of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$7,150 is $325/hour × 22 hours—the time this deliverable takes in an ordinary patent opinions matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $7,150 whether it takes us the estimate or twice it.
1 round of revisions is included. You can add more when you order, or later, at $1,050 per additional round. A round is one consolidated set of your comments and our revised draft back to you.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
The product, process, mark, or patent the opinion is about, the question you need answered and the decision it supports, any patents, marks, or prior art you already know about, and the launch, filing, or litigation timeline you are working to. Send what you have—if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other Patent Opinions work MC Law prepares on a flat fee.
Patent Invalidity Opinion
A written invalidity analysis of a specific patent, with claim charts mapping prior art to each limitation.
2 to 3 weeks1 revision
Freedom to Operate Opinion
A written freedom to operate analysis for a product or process, identifying in-force patents that could read on it and analyzing each claim against your implementation.
2 to 3 weeks1 revision
Patentability Search and Written Opinion
A prior art search and written patentability opinion for an invention, covering patents, published applications, and non-patent literature.
1 to 2 weeks1 revision
Sponsored Research Agreement—Negotiation and Closing (Counterparty Side)
Full counterparty-side negotiation of a Sponsored Research Agreement, the document that funds research at an institution with publication, ownership, and license-back terms negotiated realistically, from first draft to closing.
2 to 3 weeks3 revisions
Sponsored Research Agreement—Negotiation and Closing (Institution Side)
Full institution-side negotiation of a Sponsored Research Agreement, the document that funds research at an institution with publication, ownership, and license-back terms negotiated realistically, from first draft to closing.
2 to 3 weeks3 revisions
Idea Submission and Implied Contract Claims: Motion to Dismiss for Failure to State a Claim—Full Package
The complete Rule 12(b)(6) package for an Idea Submission and Implied Contract Claims case: notice of motion, supporting memorandum, declaration with up to five exhibits, and proposed order, filed as one coordinated set.
2 to 3 weeks2 revisions