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Opinion Letters Are A Proactive Component Of The Intellectual Property Process


We Bring Extensive Experience In This Area To Our IP Clients

Before a company or individual inventor invests significant money into developing and protecting a product, service, technology or process, it only makes sense to make sure no one else has a patent.

The intellectual property law firm of Crockett & Crockett has extensive experience in providing intellectual property opinion letters. We apply our vast experience in patent prosecution to the task of claim interpretation to resolve infringement and validity issues. Some of the many opinions we have provided include:

  • Patentability opinion — At this first step in the patent process, we conduct a thorough search of public records to determine whether moving forward with a patent application makes sense.

  • Patent noninfringement opinion — Similar to a freedom to operate opinion, a noninfringement opinion assures a company that its product, service, technology or process does not infringe on the art or features of any existing similar product, process or technology.

  • Design around opinions — In the patent world, the term "design around" refers to the attempt to develop an alternative to a patented product, service or process that does not infringe upon an existing patented product, service or process.

  • Validity opinions — A patent attorney will analyze an existing patent in order to provide an opinion whether that patent is valid or enforceable.

  • Freedom to operate opinion — Also commonly referred to as a clearance opinion, this is used to verify that no existing patents will impede the development of a product, technology, service or process.

  • Merger and acquisition patent portfolio opinion — An important part of due diligence before a merger or acquisition is to assess the strategic value of a patent portfolio of the target company.

An Important Step For Venture Capitalists

Crockett & Crockett also works closely with venture capital investment firms on the importance of due diligence when investing in high-tech. Typical investment targets hold patents and other intellectual property as their major assets, and investors ask us to give them a "thumbs up" or "thumbs down." Every effort is made to advise investors of the strength of intellectual property, intellectual property litigation risks and other devaluing factors relating to the IP owned by investment targets.

For more details on the critical step of drafting intellectual property letters or opinions, call 949-588-6171 or contact us to schedule a consultation.

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