Patents Informational: Non-Infringement Opinions
Patents Informational:
Non-Infringement Opinions
Impacts of Third-Party Patents on Business Operations
A patent grants the patent owner the exclusive right to prevent others from making, using, selling, or importing the claimed invention. With the significant number of active patents in the United States, commercializing a product or service may create the risk of alleged patent infringement. However, receiving a cease-and-desist letter identifying a third-party patent does not necessarily mean that patent infringement has actually occurred.
Non-Infringement Analysis as a Business Strategy
Businesses often use non-infringement opinions as part of a comprehensive strategy to respond to the alleged infringement. A non-infringement analysis can be used to thoroughly assess the merits of the alleged infringement by understanding where a subject product or service stands relative to the identified third-party patent. An opinion of non-infringement can be a powerful asset when responding to the alleged infringement and positioning a product or service for continued commercialization.
Reduce Likelihood of Costly Litigation
A proper non-infringement analysis is an important part of cost management. For example, properly addressing the threat of alleged patent infringement can avoid costly legal bills associated with defending against an infringement suit. In addition, a favorable non-infringement opinion can help avoid disruptions to product or service commercialization which, in turn, can keep a business running.
Non-Infringement Analysis Process
A non-infringement analysis can be performed by a licensed attorney to understand whether an identified third-party patent is likely to support an infringement action. A non-infringement analysis begins by developing a full understanding of the subject product or service identified by the alleged infringement. This is followed by a thorough review of the third-party patent, including its claims and corresponding prosecution history, and construing what the claims actually protect. The non-infringement analysis is then performed of the subject product or service relative to the claimed features of the patent.
Take Action
If you need a non-infringement opinion, P3ip can work with you to personalize a course of action and understand where your product or service stands relative to an identified third-party patent.
IMPORTANT DISCLAIMER - The contents of this document are not legal advice, do not create an attorney-client relationship, and do not establish an attorney-client privilege. Instead, this document is for general informational and/or educational purposes only.
This document is not a substitute for consulting a licensed attorney. A consultation with a licensed attorney is necessary to consider a complete picture of your circumstances and to provide you with a personalized recommendation.
