Da Vinci Partners LLC is a Swiss-based international intellectual property firm applying expertise in global patent, trademark and copyright law to help the Da Vincis of the World: the individual inventors, startups, and tech companies of all sizes, succeed in the often complex process of developing and launching ingenious solutions to their customers' problems. Da Vinci Partners, partners to global innovators. Request a free cost estimate for any number of our services
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About Da Vinci Partners Call +41 71 230 1000 to speak to a Patent or Trademark Practitioner or email us

Patent Non-infringement Opinions

Patent infringement is a commercial harm that occurs when a person makes, uses, sells, or imports a patented product without permission from the patent owner. It takes place generally when that person does not exercise due care to avoid infringement. For example, if you launch a product without obtaining a freedom to operate opinion, or without ordering and studying search results for similar products.

Note however, that such freedom to operate opinions are no guarantee of non-infringement -- they only help to lessen the chance that your product will become embroiled in a patent dispute after launch.

Patent non-infringement opinions are generally offered by patent attorneys who are also attorneys-at-law, given the intense legal analysis involved. In the United States, such opinions can only be offered by attorneys-at-law because they require a thorough understanding of the law as well as an understanding of what the product you wish to launch is, together with the ability to compare the legal language of the claims of a competitor's patent to this product.

In such opinions, these expert attorneys provide an opinion as to whether the product might infringe the competitor's patent. The communication of the initial opinion that your product might infringe this patent is almost always done orally, with the goal of prompting a change in the design that no longer infringes the competitor's patent. At this point, a formal, well-reasoned, written non-infringement opinion may be provided.

Such opinions can be used in courts of law as circumstantial evidence to establish intent to infringe, which can result in the trebling of damages assessed against the infringer. Because of their complexity, these opinions generally cost from $5000 to as high as $30,000, sometime higher.

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Da Vinci Partners LLC, offering DA VINCI*™ services, for global leaders in innovation.
Offering ®** legal, ® and ®*** services, for our clients active in China.
*service mark covering our legal and IP services, including IP valuation services registered in Switzerland, Europe, the USA, and Canada, other countries/regions pending.
** service marks covering legal services and IP services on Chinese IP issues, registered in Switzerland, Europe, Korea, and the USA
*** service marks covering IP services involving China, registered in China, Switzerland, and the USA