OpinionA legal opinion from an experienced intellectual property attorney can be an invaluable tool when evaluating an important business decision or facing possible litigation. Pabst Patent Group provides in-depth oral or written IP opinions fo our clients, tailoring the level of detail as the circumstances dictate.
PatentabilityA patentability analysis provides insight on the likelihood that the subject matter of an invention disclosure will be considered patentable. We perform searches to evaluate whether the technology described in a disclosure is useful, novel, and non-obvious.
When asked to prepare a validity opinion, we first review the patent(s) in question to determine if the patent is in-force and determine the scope of the claims. We analyze the claims to see if there are any enablement or written description issues. When needed, we perform a validity search in an effort to find prior art not considered by the examiner during prosecution of the application.
We prepare a non-infringement opinion for our clients when they need to distinguish a product from claims of a third party patent. A non-infringement opinion is typically done when the characteristics of a product or potential product are well known. The non-infringement opinion serves to validate that the product is not covered by a third party's patent claims and to avoid enhanced damages from willfulness should the product ultimately be found to infringe by a court.
At times our clients ask us to undertake an investigation and render an opinion regarding whether a product or process made available by them would infringe the valid and enforceable rights of a third party. Such investigations may be significant in time, but are crucial to our clients because the stakes are usually high.
Freedom to Operate
If the investigation is conducted in the late design stage, we may also provide suggestions as how to avoid potential infringement by modifying the product or process. This type of opinion is generally authorized before the company is fully committed to product launch, but after significant investment is made to fully define the company's product.