OpinionPabst Patent Group LLP can provide intellectual property opinions on patentability, validity, non-infringement, and freedom to operate. We provide our clients with either oral or written opinions. The level of detail and formality is driven by the circumstances and directly impacts the cost.
Patentability - A patentability analysis provides insight on the likelihood that the subject matter of an invention disclosure will be considered patentable by the USPTO. We perform searches for many of our clients to evaluate whether the technology described in a disclosure is useful, novel, and non-obvious.
Validity - When asked to prepare a validity opinion, we first review the patent(s) in question to determine if the patent is in-force and to determine the scope of the claims. We analyze the claims to determine if there are any enablement or written description issues. When necessary, Pabst Patent Group LLP can perform a validity search in an effort to find prior art that was not considered by the examiner during prosecution of the application.
Non-Infringement - We prepare a non-infringement opinion for our clients when it is necessary 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.
Freedom to Operate - A typical request we receive is to undertake an investigation and render an opinion regarding whether a product or process made available by our client would infringe the valid and enforceable rights of a third party. Such investigations may be quite significant, because of the required work and because of the stakes. 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.