Patentability Opinions

Applying for a patent costs money.  You may be uncertain about whether or not you want spend that money if the Patent Office might just reject your application.  Is it worth the risk?

Fortunately there is something you can do before you start your patent application.  You can consult with a USPTO Registered Practitioner and get a patentability opinion.

In the opinion, the practitioner will review your invention disclosure, your patent search report and any comments you may have and provide you with a brief report assessing the patentability of your invention.  The questions to be answered are:

1. If you file a patent application, how likely are you to receive a patent?
2. What features of your invention show the most promise for patenting?
3. What patents in the search report will be the hardest to get around?

A favorable patentability opinion is by no means a guarantee of patentability, but you will have a much better idea of how you want to proceed.

The patentability opinion must be written by a USPTO registered practitioner — that is,  either a patent agent or patent attorney.  For more information about USPTO registered practitioners,  see our blog.