What is a Formal Patent Opinion?
Prior to investing heavily in patent protection for a potentially valuable
invention, it may be prudent to request a patent opinion, formal or informal,
from a competent patent professional as to the likelihood that a patent of
useful scope can be obtained.
After a patentability screening search of sufficient scope
is completed, a registered Patent Attorney at Vern Maine & Associates examines the search results
and compares the relevant patents to a description of the invention of interest.
From this examination, a patent opinion is drafted, identifying the references
most similar to the subject invention. The patent opinion explains each reference
and how it relates to the invention. The patent opinion concludes with its “opinion” as
to the patentability of the invention based on the search results. It is important
to note that a patent opinion is based on the search results which are necessarily
limited in scope and cannot be guaranteed to have located all relevant materials.
Why would I want a Patent Opinion?
A professionally conducted patentability screening search
and patent opinion provides professionally rendered support or basis for
the business decision
and large financial investment provided by patent protection. A patent opinion
may also enable a patent application to have a more focused approach on the
element of the invention most likely to be patentable, with a better description
and claims that avoids the existing art. The search and patentability opinion
informs management as to the potential protection that may be obtained with
respect to business planning, and raises the likelihood of a successful and
less costly prosecution of the application.
The patent professionals at Vern Maine & Associates collaborate with clients to
assure that patentability issues are addressed to the client’s satisfaction
prior to commencing utility applications. Continuing vigilance for newly emerging
published references during the prosecution is necessary, as patent applications
typically remain unpublished for up to 18 months, and can in some cases remain
unpublished until issued – but may be effective as prior art as of their
filing dates! Thus a patent opinion supports the on-going efforts of a business
to minimize risks and optimize intellectual property assets.
For a formal patent opinion, contact any of the registered
patent attorneys at Vern Maine & Associates:
would be pleased to discuss your company’s requirements
for patent searching, patent opinions, and legal representation for intellectual
property matters.
Additional Patent Information:
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