Question: I’m the CEO of a Tech startup and need a our business plan evaluated for patentability.


We are in a new space that’s at the cross-roads of mobile advertising/search/(image-search)/(location-search)/(augmented-reality), and need our business process evaluated for 1) patentability and 2) non-infringement of existing patents from Google et al in the space. How much should we budget for this evaluation, and who are some recommended IP attorneys who work with startups?


Answer: The cost for either patentability or non-infringement can vary widely. However, patentability can have less variability than non-infringement.


For patentability, most IP owners will limit the search to countries that might have the highest likelihood of relevant art. For non-infringement, many IP owners will limit the search to the most important competitors. After the search, and a brief review of the results, a more detailed analysis might then be limited to those patents having a high degree of concern.


In a very general ballpark, a patentability search/analysis for your technology might run about $3500. A non-infringement search/analysis might run about $8000 or more, depending on the number of patents to be analyzed.