USPTO-Registered Patent Attorney — Utility Patent Non-Infringement Analysis & Opinion Letter

Posted yesterday

Worldwide

Summary

We are a US-based pet products company (LLC) whose top-selling product — a dual retractable dog leash — was removed from Amazon after a rights owner filed a utility patent infringement complaint. Amazon has stated it will reinstate the listing upon receipt of a letter of non-infringement from legal counsel, and that is the deliverable we need. Important context: We hold our own allowed US utility patent application covering this product (Notice of Allowance received; issue fee paid). During prosecution, the USPTO examiner considered the complainant's patent as prior art and allowed our claims over it. The asserted patent contains only two claims, and we believe our product's braking/locking architecture is mechanically different from what those claims require. However, we understand patentability and infringement are separate questions — which is exactly why we need independent counsel. Scope of Work Independent, unbiased element-by-element analysis. Compare each limitation of the asserted patent's independent claim against our actual physical product (literal infringement and doctrine of equivalents). We will provide the asserted patent number, our full prosecution history, product samples/photos/video, and Amazon's complaint notice upon engagement. We are NOT looking for a rubber-stamp opinion — if you find infringement or a close call, we need to know that before anything is submitted. Claim chart documenting the comparison of both patents' claims and the product, including a differentiation analysis between the asserted patent's claimed mechanism and our allowed claims. Formal non-infringement opinion letter on your firm's official letterhead, signed, including your state bar number and USPTO registration number, formatted for submission through Amazon Seller Central's IP complaint appeal process. Secondary review (please quote separately): the asserted patent lapsed twice for non-payment of maintenance fees and was reinstated both times; we'd like your assessment of the reinstatements and any intervening-rights implications. Optional: guidance or handling of the Account Health appeal submission itself. Required Qualifications Licensed attorney in good standing in a US state bar AND registered to practice before the USPTO (registration number required — patent agents do not qualify, as Amazon requires a letter from legal counsel) Prior experience with utility patent infringement/non-infringement opinions; direct experience with Amazon IP complaint reinstatements strongly preferred Able to issue the opinion on official firm letterhead No prior relationship with either party — we specifically need a neutral, third-party opinion Willing to sign a standard engagement letter clearly defining scope To Apply, Please Include Your USPTO registration number and state bar admission(s) Number of non-infringement opinions you've drafted, and how many were for Amazon takedown appeals (and their outcomes, if shareable) Flat-fee quote for items 1–3 above, and separate quote for item 4 Realistic turnaround time from receiving materials What you'd need from us on day one Serious inquiries from qualified patent attorneys only. We are ready to engage immediately and can provide all materials the same day.

  • $1,000.00

    Fixed-price
  • Expert
    Experience Level
  • Remote Job
  • One-time project
    Project Type
Skills and Expertise
Mandatory skills
Patent
Patent Law
Intellectual Property Law
Activity on this job
  • Proposals:Less than 5
  • Last viewed by client:yesterday
  • Interviewing:
    1
  • Invites sent:
    0
  • Unanswered invites:
    0
About the client
Member since May 8, 2024
  • United States
    Poland5:20 AM
  • $10K total spent
    28 hires, 9 active
  • 403 hours

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