patent infringment opinions
If you have invented or are in the process of developing a new product or other potentially patentable intellectual property, there are a number of good reasons to seek a patent infringement opinion from a licensed patent attorney
Avoid Inadvertent Patent Infringement
First, you will be concerned over whether your product or process is going to infringe on any other currently active patents. If so, the potential exists for you to be sued for infringement of someone else’s patent. This type of opinion is called a “right-to-use opinion,” also called a “clearance opinion.” It is a good idea to contact a licensed and registered patent attorney to obtain an opinion on the patentability of your idea. The attorneys at Yee & Associates in Dallas, Texas, are licensed and registered with the federal United States Patent and Trademark Office (USPTO) and have years of experience investigating existing patents and rendering opinions on whether your idea is one that you can move forward with without worrying about legal consequences. Contact our office to discuss how this service can help you make a decision on how to proceed before you are too deeply involved financially in the development of your invention. You might need to rethink or even back off on the idea altogether.
Obtain a Non-Infringement Opinion Regarding a Particular Patent
If you are aware of a particular patent held by a competitor that is similar or in some way related to your idea and are concerned that it might infringe on that patent, Yee & Associates can research the matter. If in our professional legal opinion there is no infringement, we will provide a non-infringement opinion, giving you the confidence to continue developing your invention. If, in our expert opinion, there may be an infringement on the patent in question, we can suggest alternatives. Sometimes a change in design can solve the problem. In other cases, we may investigate the validity of the patent in question. If we uncover issues of validity or enforceability, you may decide to move ahead. Or, we might suggest that your best course of action would be to obtain a license for the conflicting patent.
Determine if a Patent You’ve Been Accused of Infringing is Valid
If you have already been accused of patent infringement by another party, this is another situation where that Yee & Associates can investigate to determine if there are grounds on which to challenge the validity or enforceability of that patent. If there are, you may want to litigate the matter. On the other hand, if in our opinion, the other party’s patent is valid and enforceable, rather than entering into an expensive and time consuming litigation that you might not win, you might choose to try to negotiate a licensing agreement with the owner of the patent.
Defend against Charges of Willful Patent Infringement
Obtaining a patent infringement opinion from a licensed and registered patent attorney like Yee & Associates can protect you in the event that you are sued at some later point for patent infringement. If it can be shown that you willfully infringed on someone else’s patent, the court may order you to pay up to triple the actual damages the plaintiff suffered. If you have had the foresight to obtain a patent opinion before moving forward with your process or invention, and that professional legal opinion was in your favor, it can be brought up as a defense against a charge of willful infringement, showing that you did your due diligence and that the infringement was unintentional.
If You Believe Someone is Infringing on Your Patent
Another time you would need an infringement opinion from Yee & Associates is if you hold a patent and believe that someone else is infringing on it. If our investigation indicates that there is an infringement on your patent, we will be able to render an infringement opinion that would serve as the basis for a civil law suit against that party, should you decide to go that route.
Obtain the Legal Patent Opinion that Can Protect You from Infringement or Infringement Accusations
Patents comprise an extremely complex and specialized area of law. Because your idea for an invention or process is a valuable asset, it is in your best interest to obtain a professional opinion from the law firm of Yee & Associates. Call us to arrange for a free consultation with one of our licensed, registered, and experienced patent attorneys early on, to avoid the many expensive pitfalls that could arise down the road.