In some situations, you may want to work with an attorney to determine the validity of your patent. This is important if you are planning to go to court in defense (or offense) of your patent to either prove that you are legally entitled to selling a product with your patent, or to prove that another party is infringing on your rights. Before you begin this process, it is important that you understand the validity of your patent, know how to legally manage your patent, and can determine whether or not it will stand up in court. If you need the opinion of an experienced attorney regarding the validity of your patent, or the invalidity of an opposing party’s patents, contact The Patent Professor today to begin the process immediately. Read more below about what a patent validity opinion will do for you, and how it will benefit you.
Why Do I Need a Patent Validity Opinion?
There are a few different reasons that you may need a patent validity (or invalidity) opinion. Each reason will follow the same course of action, but will be used to prove opposing arguments if there is ultimately a court case regarding the patent in question.
There Is a Lawsuit Involved
When there is a lawsuit brought because of a patent and possible infringement, the first thing you want to do is discuss your validity with your attorney. Before you begin your case, you want to be sure that you have a solid idea of whether or not the court will find your patent to be valid, and that your argument will be upheld.
Filing a Patent Infringement Lawsuit
When you are planning to file a lawsuit alleging that your patent has been infringed upon, you want to be sure that your patent and claims will stand up in the context of your suit. If you are found to have wrongfully filed a lawsuit alleging misconduct or patent infringement, you may be required to pay all associated court fees, will lose credibility for any future patent infringement claims, and there will be many additional repercussions.
Defending Against a Patent Infringement Lawsuit
Much like if you are filing a patent infringement suit, you want to be sure that you and your attorney are confident that your patent will hold up in court against the claims that are being leveled against you in an infringement suit in which you are the defendant. This way, you will be able to formulate your arguments and have a clear idea of where the case will take you.
You Are Planning to Monetize Your Patent
If you are planning to monetize a patent you already own, or are planning to acquire an existing patent from another party, you want to be sure that you have done all due diligence to ensure that you will not run into any roadblocks once you begin to execute your plan. If you begin to sell a product and have not realized that there are existing patents you may be infringing upon, you are setting yourself up for a costly lawsuit down the road.
Can The Patent Professor Help With a Patent Validity Opinion?
Absolutely. With over 20 years of experience in US patents and patent law, we can audit any of your existing patents to develop a patent validity opinion, and can equally explore other patents that you may be considering filing a lawsuit against, or planning to purchase an existing patent from another group. We will be able to customize our approach based on the specifics of your requirements, and will move forward from there.