What is a Product Clearance Opinion?
Even if the inventor is doing everything right by researching and seeking patent protection for their own technology – the way they are planning to go to market should be considered first to see whether the product being manufactured and sold will infringe any third-party patents! It’s true, that the USPTO may issue a patent on several aspects and functionality of a particular product without regard for the shape, or other unclaimed features/functions of the product. It is entirely possible that the design or the unclaimed functions of the product are protected by design or utility patents of a third party.
A product clearance opinion is similar to a Freedom to Operate opinion, in that it analyzes whether any third parties may have patent rights that are found in the area of business that the inventor/client is seeking an opinion. However, product clearances are more specific and focused on one particular product and is a much more limited scope search and opinion.
How Bold does Product Clearance Opinions
If we are able to, we love to be able to provide our clients the “clearance” to make, use, sell, and import their product into the US without fear of infringement. This is not always the case, and even if there’s a close case – we will make sure to share the news immediately with the client, so they can weigh the risks. On top of that, our patent Attorneys will help advise and recommend specific insurance packages and eventually allow the client make a sound decision as they weight the potential cost of litigation should the risk come to fruition.