Patentability & Infringement Searches/Opinions - Jaeckle Fleischmann & Mugel, LLP

Given that over six million United States patents have been granted since the establishment of the Patent Office in 1790, one should not be surprised at the vast range of subject matter encompassed by them. Before undertaking the preparation of a patent application, an inventor is advised to consider a search of the "prior art" that would provide information regarding the state of the relevant art. Performing such a search might make it possible to avoid the cost of preparing and filing of a patent application for an invention that is later discovered to be already known.

Our attorneys have access to the most advanced tools to search worldwide patent data bases, coupled with extensive experience analyzing search results and providing reliable patentability opinions. This enables us to safely navigate around prior art inventions to draft enforceable patents that are still broad enough to provide valuable protection to the patent owner.

Non-Infringement and Freedom-to-Operate Opinions

Before a company invests significant resources in product development and marketing to launch a new product, it is essential to determine whether this product infringes on the patent rights of others. Patent infringement litigation is some of the most expensive and resource-intensive litigation a company can encounter. Having to defend against such a suit and, if found guilty of infringement, being liable for significant damages and/or being forced to pull a key product from market could be catastrophic to your business. Therefore, before investing in a new product or after receipt of a notice alleging infringement, it is extremely important to seek an opinion from experienced counsel.

A well-reasoned non-infringement opinion given by experienced patent counsel with full knowledge of the relevant facts could be worth its weight in gold if your company is ever in court over the issue. The opinion could prevent your company from being found guilty of willful patent infringement and sanctioned with triple damages. In addition, the opinion may suggest ways to modify the design of the product to minimize or avoid infringement altogether.

Our attorneys have years of experience providing non-infringement and freedom-to-operate opinions and helping companies avoid litigation related to competitors' patents.