When and Why to Seek a Patent Opinion
In Patent Opinion Basics from PLI, Marta E. Gross and Emily L. Rapalino "look at the circumstances in which inventors seek out legal opinions about 'issues surrounding a patent or patents.' The authors instruct on four situations in which a company might seek an opinion:
Freedom to Operate/Clearance Opinions - for instance, a company interested in expanding into a new field may be interested in obtaining an opinion to get a sense of the existing patent landscape in that field;
Invalidity Opinions - these involve conclusions, with supporting rationale, that a patent is invalid
Patentability Opinions - to advise clients whether pursuing patent protection for a given technology is worthwhile
Infringement Opinions - these advise clients on whether their patents tread on someone else's product..."
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