Attorney-Drafted & Filed Provisional Patent Application
A streamlined provisional offering listed on the firm's website at a promotional rate.
FTO — Diagnostics
Diagnostic assays, companion diagnostics, and laboratory-developed tests where method, marker, and platform claims must all be considered.
$6,500.00
Engagement type: Tiered Fee
Attorney fee: $6,500–$15,000
$6,500 – $15,000 (final fee set by tier)
USPTO / USCO / WIPO fees billed separately at cost.
Best for
Diagnostic assays, companion diagnostics, and laboratory-developed tests where method, marker, and platform claims must all be considered.
What’s included
- Search and attorney review of in-force patents covering assay format, biomarkers, sample types, and detection platforms.
- Written FTO opinion structured by claim category.
- Practical mitigation suggestions (design-around, license, or hold) where issues are identified.
What’s NOT included
- Government, third-party, foreign-associate, translation, courier, and vendor fees.
- Continued prosecution, additional office actions, or post-allowance work beyond what is expressly itemized.
- Litigation, contested proceedings (IPR/PGR/PTAB, oppositions, cancellations), or appeal work.
- Work on additional applications, jurisdictions, classes, or marks not listed in the engagement letter.
- Regulatory (FDA / CLIA) opinions.
- Reimbursement / payer strategy.
Client responsibilities
- Provide complete, accurate, and timely technical / business disclosures.
- Review and approve drafts and filings before submission.
- Pay government and third-party fees in advance of any filing deadline.
- Provide assay protocol summary, biomarker list, and intended use.
Assumptions
- Standard complexity for the service category.
- One primary applicant or business entity; one primary jurisdiction unless otherwise stated.
- One round of substantive client revisions included.
- No material adverse facts (e.g., prior public disclosure, intervening prior art) discovered after engagement.
Scope-change triggers
- Material change in scope, claims, embodiments, classes, marks, or jurisdictions.
- Adversarial action by a third party (opposition, cancellation, declaratory action).
- Expedited / emergency turnaround required to meet a statutory or self-imposed deadline.
- After-discovered prior art, prior use, or undisclosed prior filings.
Deliverables
Diagnostics FTO report and attorney memo.
Typical timing
Typically 5–8 weeks.
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