Patents

Patent Validity Opinions

Highly skilled patent attorneys, providing personalised and commercially oriented services for patent submission, securement and defence.

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What Is A Patent Validity Opinion?

Even once granted, a patent can be invalidated or rights revoked under certain circumstances. To understand the risks of this happening, a patent validity opinion may be required.

A patent validity opinion refers to a process whereby a patent attorney reviews a patent and attempts to determine whether a court would uphold it as valid.

They do this by using their knowledge of patent law, understanding of past court decisions and legislated patentability criteria.

Similar to an analysis done on a patent application before submission to IP Australia, this process is not always undertaken on accepted patents but may be sought in some instances.
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When To Seek A Patent Validity Analysis

Patent validity opinions or analyses are most commonly done in cases where patent infringement accusations are made or threatened to be made by a competitor.

They may also occur when someone is considering investing in the monetisation of a patent and is seeking reassurance before investing.

Seeking out a patent validity analysis can help you prove or defend against accusations regarding:

- The novelty of your invention
- Whether prior use was properly considered when granting your patent
- Obviousness or inventive steps
- Lack of usefulness
- Insufficiency of the disclosure of the specification
- Prior publication and more.

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The Purpose Of Patent Validity Opinions

Ultimately the purpose of patent validity opinions is to prove that a patent was granted for valid reasons and has met all patentability criteria or show reasons why the patent should not be registered.

In instances where you are facing litigation regarding infringement accusations, this can determine whether the patent rights are likely to be upheld or be invalid or revoked.

Without an expert opinion to support your position, your patent may be invalidated. This can in turn lead to substantial compensation or costs being awarded against you.

Demonstrating that you have obtained your patent in compliance with all relevant legislation and having this tested through validity analysis is your best defence.

Where an investor is involved, an validity opinion offers peace of mind that the patent and their monetary investment in it are properly protected.
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Can I Determine The Validity Of A Patent Myself?

While it is possible to undertake an informal validity analysis of your patent yourself, this may not be accepted in a court of law.

A validity opinion must be seen to have been prepared by someone deemed competent which usually means someone licensed in this field.

If improperly performed or prepared, an validity opinion can actually do more harm than good, creating a false sense of confidence and failing to prove the patent validity effectively.

For this reason, it is strongly recommended to engage an experienced patent attorney to undertake an analysis and deliver a patent validity opinion.

Patent attorneys understand in depth how to test a patent’s validity and are across court precedents which may impact rulings if litigation is involved. This supports optimal outcomes and can help you protect and monetise your patent with greater success.
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IP Guardian - Trusted Patent Attorneys

A trusted name in patent law, IP Guardian promises zero compromises on service or outcomes no matter your patent enquiry.

Offering decades of combined expertise, our team has the knowledge and skills necessary to prepare comprehensive patent invalidity opinions.

Whether we supported you with your initial patent application or you need guidance regarding a granted patent, we offer tailored advice and service that is unmatched elsewhere.

Dedicated and professional, we work closely with you to ensure your patent rights are upheld and that its validity is firmly established through rigorous testing and analysis.

Passionate about supporting Australian inventors and their ingenuity, we offer affordable and accessible legal advice so you can receive the support you need to protect your valuable IP.
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