Legal Definitions - patentability opinion

A patentability opinion is a written document prepared by a patent attorney or agent that provides an opinion on the likelihood of a patent application being granted by the patent office. The opinion is based on the attorney's examination of the invention's subject matter, prior art, and other relevant factors.

For example, if an inventor wants to patent a new type of smartphone, they may hire a patent attorney to prepare a patentability opinion. The attorney would examine the invention's features and compare them to existing patents and other prior art to determine if the invention is novel and non-obvious enough to be granted a patent.

Another example is a validity opinion, which is an attorney's opinion on the likelihood of a patent or patent claim being invalidated in light of evidence suggesting obviousness, lack of invention, unenforceability, etc.

Overall, a patentability opinion is an important tool for inventors and companies seeking to protect their intellectual property by obtaining a patent.