Determining Patentability

Miller, Matthias & Hull LLP prepares patentability opinions to assist clients in determining whether an idea is patentable or is otherwise worth the time and expense involved in preparing and prosecuting a patent application to protect the idea.

In-House Search Capabilities
We have in-house search capabilities that facilitate quick turnaround times for any “prior art search.” We use the results of that search to formulate an opinion as to whether the idea merits preparation of a patent application.

Right-To-Practice Opinions
A company will often wish to pursue an idea or market an opportunity and may not know whether a proposed design would infringe on an existing patent. We help by performing a search and preparing a “right-to-practice” opinion (a.k.a. infringement opinions, non-infringement opinions, right-to-operate opinions or clearance opinions). These opinions may cover anywhere from a single patent to dozens of different patents.

Design Around Efforts
We work very closely with clients, often starting early in the development process, particularly where a number of unexpired patents dot the landscape as potential minefields. MMH helps clients navigate this dangerous territory by assisting with efforts to design-around those patents or otherwise remain outside the scope of protection afforded by competitors’ patents.