Our Boston Patent law firm and our Boston Patent Attorney will explain to a client how a patentability opinion is undertaken following a patentability search to determine the likelihood that a proposed invention will obtain a patent, based on the prior art patents revealed during a search.
Right-to-Use Opinion (Freedom to Operate)
A right-to-use opinion is undertaken when an inventor, or a business, wants to determine if a new product, for example prior to product development, will infringe any existing patents currently enforceable. This opinion assists an inventor or business in deciding whether to move forward with the new product.
An infringement opinion is undertaken when the owner of a patent desires to determine whether a competitor’s product or process is infringing the claims of the patent. This opinion forms part of the analysis of whether the patent owner will file a lawsuit alleging infringement by the competitor.
A validity opinion is undertaken by an inventor or business that may be concerned regarding potentially infringing a particular patent, based on the inventor’s product or process, and wants to ascertain the validity and enforceability of that patent. A validity opinion may also be requested by the owner of a patent to determine that their own patent is both valid and enforceable prior to filing an infringement lawsuit.