Patentability Opinion Law and Legal Definition

Patentability Opinion refers to a patent attorney's opinion on the patent office's probable holding about whether the patent application's claims can be allowed. The opinion is almost a mini-examination report because it is based on consideration of the invention's subject matter, prior art, etc. It explains each reference and how it relates to the invention. The patentability opinion concludes with an “opinion” as to the patentability of the invention based on the search results, and to which type of patent protection would be best suited for the invention and needs. A patentability opinion can be very useful and cost effective before deciding to make the financial investment in preparing, filing, and prosecuting a U.S. patent application.