Innovative Patent & Intellectual Property Attorneys

When is a patent opinion useful?

| Feb 21, 2021 | Patents

There are many different products that people in Minnesota use for various tasks. These products are usually ones that people have purchased. This means that someone else or a group of people developed the idea and the product to sell. Sometimes it could also be a part of the product which people use. The people who develop them also often times do it with the intent of selling the product and earning an income from it.

In order to do this though they have to ensure that others do not steal their invention and profit off of it instead. To accomplish this goal people can patent their inventions. This prevents others from creating the same product and selling it or if others do steal the invention it gives the original owners of the patent an opportunity to recover damages they suffer as a consequence. Both obtaining patents and enforcing the patents can be a complicated process though.

Different types of patent opinions

Part of the process of obtaining patents or defending them is obtaining patent opinions to determine the validity of potential patents or potentially defending against claims against the patent. There are different types of patent opinions depending on the circumstances.

If a company receives a demand letter stating that their new product infringes on another company’s patent, they may seek a non-infringement opinion to determine if the product infringes on the patent or not. Another type of opinion in this situation could be an invalidity opinion to demonstrate the claims are invalid.

When defending a patent from infringement, prior to filing a claim, the company may want to obtain an infringement opinion to determine if they have a good-faith claim against the other product. In this situation companies may also need to obtain a validity opinion if the other company claims their claim is invalid.

When companies and people in Minnesota are developing products, obtaining patents is an important part of the process. Obtaining patent opinions to determine the validity or to determine if new products infringe on existing patents is an important part of this process. Experienced attorneys can provide patent opinions and consulting with one may be beneficial.

 

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