Patentability Opinions

Patentability opinions are legal analysis and opinions on whether an idea can be patented. Patentability opinions are frequently included in patent searches and opinions on infringement. These professional opinions help application clients decide whether to move forward and, if so, they guide the drafting process. Professional opinions also provide clarity as to what position to take when negotiating resolution of a patent infringement issue.

What is Patentability?

For a patent application to be granted, it must be directed towards a patentable subject matter. According to federal law and chapter 2100 of the Manual of Patent Examining Procedure (MPEP), patentable subject matter includes processes, machines, manufactures, and compositions of matter.

However, patentability opinions are not typically concerned with the eligibility of the subject matter itself. These opinions are usually directed to the prior art and whether an invention is “anticipated” or “obvious”. The core issue is whether there is a reason to combine existing patents or materials to produce your invention.

Do You Need A Patentability Opinion?

A patentability opinion is not required before applying for a patent. However, an opinion is extremely valuable in preparing your patent application and avoiding extra office rejections. An opinion comes with a patent or prior art search, which will help you avoid drafting an application claiming something that already exists. An opinion also helps avoid filing an expensive application if no patent can be obtained.

Get A Patentability Opinion From Experienced Patent Attorneys

Our patent attorneys are experienced in providing professional opinions on patentability. We regularly provide these opinions as part of our patent searches, patent applications, and patent infringement consulting. Contact us today to get started.

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