A patent opinion is a comprehensive analysis of a business entity’s position with respect to the patent landscape prepared by counsel utilizing the attorney’s experience in intellectual property law. There are four types of opinions commonly prepared by patent attorneys: freedom to operate opinions, infringement opinions, patentability opinions, and validity opinions.
Freedom to Operate opinions determine whether a product or process would likely infringe the valid and enforceable rights of a third party. These opinions are helpful at the beginning of technology development, prior to investing significant funds, in identifying the risks associated with development of a particular project.
Infringement opinions determine whether an accused device, process, or design of another infringes upon a client’s patent. Such an opinion is helpful prior to engaging in the time consuming and costly process of litigation.
Patentability opinions occur prior to filing a patent application and help determine whether an invention satisfies the conditions for patentability.
Validity opinions determine the validity and enforceability of a patent. Such opinions arise either when a company is accused of patent infringement or when a company seeks to acquire the rights to a patent. Obtaining an opinion as to the invalidity of a patent may provide a defense against willful infringement. On the other hand, failure to obtain a non-infringement opinion may serve as evidence of intent to induce infringement.
McHale | Slavin’s patent attorneys and agents have extensive experience preparing the full array of patent opinions. Contact us for additional information or to schedule a consultation.
