Patent
Opinion
An expert opinion on your patent (patent expert opinion) can be relevant in various constellations. On the one hand, the patentability of your patent can be checked by means of such a patent assessment. On the other hand, a patent expert opinion serves to determine whether there are conflicting third-party property rights.
In these areas, too, it can be seen that the commissioning of the corresponding expert opinion based on a patent has both increased and gained in relevance in recent years. It is not uncommon for our firm’s patent attorneys to be instructed by the courts to prepare an expert opinion, which in turn leads to an intensive patent search.
In relevant cases, we advise our clients to have a patent search carried out by a specialized patent attorney.
Our services
Depending on the objective and the stage of the development process, different appraisals or researches are recommended. We will be happy to advise you on your options and the advantages and disadvantages of the various analyses.
Validity or invalidity opinions:
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- Study of relevant documents submitted by the client (patent search by a patent attorney)
- Basic search for the state of the art and/or relevant documents
- Study of the file history (including study of the state of the art cited therein)
- Personal consultation for open questions
- Research and evaluation of current case law
- Preparation of a legal opinion on the validity or invalidity
- In case of invalidity: Advice on further proceedings (e.g. filing an opposition, an action for annulment or a new application)
- Revision of the legal opinion in consultation with the client
Patentability
Report
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- Study of the relevant documents submitted by the client
- Basic search for the state of the art and/or relevant documents
- Personal consultation for open questions also with regard to patent search
- Freedom-to-Operate Analysis
- Notes on further procedure (e.g. further required tests)
- Revision of the legal opinion after consultation with the client
Infringement Analysis
for Germany
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- Study of the relevant documents submitted by the client
- Personal consultation for open questions
- Research and evaluation of current case law
- Preparation of a legal opinion on possible collisions including identical and equivalent infringement - Freedom-to-Operate Anlaysis
- Instructions on follow-up action (e.g. production stop, opposition or nullity action based on prior art searches and/or relevant documents, if required)
- Revision of the legal opinion after consultation with the client
- Freedom-to-Operate Analysis
Speak to our experts
Dr. Leopold Gruner
white ip | Patent & Legal
Königstraße 7 | 01097 Dresden
Dipl.-Ing. Sophia Falk
white ip | Patent & Legal
Königstraße 7 | 01097 Dresden
Dr. Michael Geiger
white ip | Patent & Legal
Königstraße 7 | 01097 Dresden
Dr. Tristan Schuh
white ip | Patent & Legal
Königstraße 7 | 01097 Dresden
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