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Intellectual Property Risk Management and Patent Guidance

Opinions of Counsel Service

The potential of a collision or infringement with other existing ideas or properties is one of many issues we address through the variety of opinions of counsel we can provide. To gain and present an informed IP opinion, Spark IP digs deep and analyzes the market comprehensively.

Start-up firms and other entrepreneurs seek our advice about whether to proceed through a potential Intellectual Property roadblock, or take a detour and try a less challenging route. Our clients rely on us for smart patent guidance, Intellectual Property risk management (we storm in to rein in the potential cost of risk), and the following formal opinions of counsel:

  • Infringement/Non-Infringement Opinions
    With regard to a patent or group of patents, Spark IP does due diligence to discover whether or not your patent infringes upon the patent right of others, or others are infringing upon yours. We aggressively protect your interests either way.
  • Validity/Invalidity Opinions
    After receiving notice from a patent owner that they might be infringing, a company may request a) an invalidity opinion or b) a validity opinion to assess extent of risk. Extensive research is usually involved.
  • Freedom-to-Operate Opinions
    A Freedom-to-Operate Opinion is typically requested to determine whether a particular action, such as testing or commercialization of a new product, can be accomplished without infringing on the IP rights of someone else. Some companies routinely obtain a FTO when they want to begin developing a new product. Based on the “patent landscape,” the company will either drop the project or modify the product accordingly. Investment firms request FTO from the company or have one done as part of their due diligence prior to investing.
  • Design-Around Opinion
    Rather than letting a possible infringement issue stop your vision in its tracks, you may choose to “design around the patent.” Spark IP will study the claims and provide a patent opinion to specify which parts are at odds with a patent claim.

If you’re serious about launch, let’s talk over lunch or discuss your interests on the phone. We may be highly opinionated, but obtaining an opinion is a great idea!


Spark IP Analysis and Patent Opinions

  • Patent guidance, especially regarding patent risk management and avoiding patent infringement yourself
  • Non-Infringement and Infringement Opinions
  • Invalidity and Validity Opinions
  • Freedom-to-Operate Opinions
  • Design-Around-Opinions
  • Patent Opinions in Inducement Cases

Get in Touch

For more information about the protection of your intellectual property and entry in the market, contact us soon.

Disclaimer: The content on this site is for informational purposes only and does not constitute legal advice. Use of this site does not create any attorney-client relationship between you and the attorneys of Spark IP Law. Do not submit any confidential or time-sensitive material to Spark IP Law until a formal attorney-client relationship has been established.