Patent infringement is one of the biggest fears of inventors. First, they’re concerned as they enter new markets that someone will bring a claim against them. Second, they must worry that their own invention will become the target of a copycat.
Many inventors hear “infringement” and think about litigation right away. It’s not true. Fewer than 1% of all patent infringements actually end up in court. Our patent infringement attorney services provide legal opinions that help you understand the risks and advise you on actions to mitigate them, without the stress, cost, or worry of litigation.
Three Types of Infringement Opinions
We offer three different kinds of opinions on infringement, depending on your specific circumstances: freedom to operate, evidence of use, and full infringement reviews.
A freedom to operate (or FTO) is a legal Opinion written by a Patent Infringement Attorney which will tell you if you have the right to develop, test, market, or sell a product in a specific region. Say you’ve created a new kind of medical device that you’d like to patent. That device will include hundreds of smaller pieces, many of which may be patentable in and of themselves. An FTO opinion would tell you if there is an existing patent or other potential design patent infringement issues related to those pieces that may affect your product.
We review everything that goes into the product, right down to the supply chain and raw goods needed to create it. We then research any applicable patents along the entire operations plan and verify their validity. All of this is compiled into an infringement opinion that warns you of any enforceable patents to consider.
Infringement Opinions
A Patent Attorney’s opinion on what next steps to take when you believe an infringement of your idea is possible—or if you’ve been accused of infringement yourself. Someone will need to deeply review the patents involved and analyze each element. Then, these parts are reviewed to determine if there is a cause for action.
Your infringement attorney completes a highly detailed review of the strengths and weaknesses of your position. We then provide an opinion that tells you the next steps to take, whether that be sending out cease and desist letters, opening up licensing negotiations, or seeking out a litigation attorney.
An Evidence of Use analysis helps you discover if a product is infringing on your IP based on the existing scope of your patent or pending patent application. This could include a careful analysis of the product in question, using processes like reverse engineering and source code reviews. The information is then compared to elements of your existing patent.
We break down elements of potentially infringing products. We then provide detailed legal online infringement opinions that help you understand areas where you may be exposed before you take the next step to protect your IP.
We also offer more general validity and invalidity opinions when clients come to us with a specific infringement concern. These opinions can be used to prove a good faith effort to avoid willful infringement.
Choosing a Patent Infringement Lawyer
Whether you are considering retaining a patent infringement attorney before moving forward with product development or have concerns about possible infringement of one or more existing patents, choosing the right legal professional can make a difference. Look for a firm with deep experience serving other clients in your industry; an understanding of the science and technologies your business uses; and a detailed working knowledge of all relevant patent laws and regulations.
Your infringement lawyer should also be available and willing to communicate directly with you, answering any questions that arise and helping you understand each step of the process.
Why Choose Bold Patents as Your Patent Infringement Attorneys
Most people hear infringement and assume that they need to jump right into litigation. That’s rarely the case. Before you even consider a lawsuit, you need an opinion to tell you whether your claim is worth it. In addition, you may have claims of infringement levied against you but not have enough legal knowledge to determine if they’re valid. That’s where we come in. We will complete a detailed review to help you understand your position.
Our patent infringement attorney services help you understand the risks you face as you enter new markets and provide options when you fear someone may have used your IP. The infringement litigation process is a long, expensive one. Before you even consider this route, it’s essential to get a detailed opinion to help you understand the risks you face.
Bold Patents provides online patent infringement attorney services in the form of detailed opinions that help you understand your rights and risks. To learn more, contact us or call 800-849-1913.