Mitigating Risk Through Patent Opinions

At The Dobrusin Law Firm, we have extensive experience in preparing several types of patent opinions to assist our clients throughout the product development process. The strategic use of these opinions can greatly mitigate the financial and legal risks that companies face when developing and protecting Intellectual Property.

Our philosophy, with regard to patent opinions, is to prepare them to both comprehensively apprise our clients of their risks and options, and to withstand scrutiny if ever subjected to infringement. The focus is on addressing all of the appropriate issues in a complete and legally correct manner.

Understanding The Types Of Patent Opions

Patentability opinions center on the likelihood of being able to secure a patent on a specific invention or technology. We will conduct a thorough search of public patent records, research journals, and other sources to assess whether your invention is new and useful. Obtaining a patentability opinion early on in the product development process can save significant time and money from being wasted.

Freedom to Operate (FTO) opinions involve a comprehensive search of patents and patent applications to ascertain whether your innovation infringes upon existing Intellectual Property. Our experienced patent attorneys will provide a competent and complete written opinion that identifies potential infringement issues and recommends legal solutions to avoid or work around them. If your invention is similar to a previously patented technology, a noninfringement opinion may be advisable. This involves breaking down an existing patent to identify specific areas of potential infringement.

Finally, if your invention may potentially infringe upon an existing patent, a validity opinion is used to determine whether that patent is valid and enforceable. This type of opinion can allow you to continue the development of your own product while understanding the risks involved, as well as inform you of the necessity of licensing or purchasing certain intellectual properties.