This flat-fee review is for dietary supplement, nutraceutical, and wellness brands that have already found patents or published applications that may cover a current or planned formulation, or its intended use. No search is required. You bring the references, and a registered U.S. patent attorney tells you whether they matter and what to do next.
This review suits dietary supplement, nutraceutical, functional ingredient, and wellness brands that have already found specific patents or published applications that may cover a current or planned formulation, or its intended use. No search is required. It’s especially useful when the concern comes from recently published applications that haven’t issued yet.
What’s included
Status Check ($1,150): For up to three references, we confirm the legal status of each one (issued, pending, abandoned, expired, or lapsed), identify family members and pending continuations, and estimate the expected prosecution timeline for pending applications.
Claim Review ($2,900): Everything in Status Check, plus a comparison of the relevant independent claims, including composition and method-of-use claims, against one formulation and its intended use. You receive a written risk summary and a recommended next-steps plan.
Risk & Design-Around ($4,500): Everything in Claim Review for up to six references, plus a review of label and marketing language for use-based and inducement risk. You also receive a design-around memo addressing formulation, dosage, and claim-language options.
All tiers include one 30-minute video call to review the findings.
What’s NOT included
Searching for patents beyond the references you identify. If you need a search, see FTO Quick Scan or FTO Full Analysis.
A formal non-infringement or invalidity opinion. See Patent Infringement Opinion or Patent Validity Opinion.
Foreign patents and applications.
Third-party prior-art submissions to the USPTO, which can be quoted separately.
FDA, FTC, or DSHEA regulatory opinions on structure/function or marketing claims.
Litigation, contested proceedings (IPR/PGR/PTAB), or responses to demand letters.
Government, third-party, and vendor fees.
Client responsibilities
Provide the patent or publication numbers and owner names before the conflict check.
After conflicts clear, provide the complete formulation (ingredients, forms, amounts, and ratios), the intended use, and current or planned label and marketing materials.
Tell us about any prior communication from the patent owners.
Review and confirm the facts in the draft summary.
Assumptions
One formulation, or closely related SKUs sharing a single base formulation, for one intended use.
Up to three references for Status Check and Claim Review, and up to six for Risk & Design-Around.
U.S. patents and applications only.
The references are in English and are standard composition or method-of-use filings.
One round of client questions on the written summary.
No pending demand letter, litigation, or other adversarial action.
Scope-change triggers
Adding formulations or intended uses, or references beyond the tier limit ($350 per additional reference).
Receiving a demand letter or other contact from a patent owner during the engagement.
Finding additional relevant references during review that call for a search.
Needing expedited turnaround for a product launch, retailer deadline, or investor diligence.
Needing a formal opinion for willfulness defense, insurance, or a transaction.
Deliverables
Status Check: Status and family report.
Claim Review: Status and family report, plus a written risk summary with a next-steps plan.
Risk & Design-Around: All of the above, plus a label and marketing-claim review and a design-around memo.
Typical timing
Status Check: 1 week · Claim Review: 2–3 weeks · Risk & Design-Around: 3–4 weeks. Timing starts when conflicts clear and we receive all materials.
Check the exact scope before paying
Review the product’s current fee, prerequisites, and exclusions. Any custom or expanded work needs a separate written scope and fee. Representation begins after conflicts clear and a signed engagement letter is in place.
Attorney advertising. Prior results do not guarantee a similar outcome.
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