1 The Advisory Opinion on Operability (AOO) is a service that provides companies and individuals with a professional opinion on a patent or technology-related subject matter to assess whether it is likely to infringe on a third party's patent rights or patent application, and to solve any concerns that may arise. The opinions are performed by patent law experts (attorneys and patent attorneys) and help reduce legal risk when developing and commercializing technology.
2 The Advisory Opinion on Operability is a service in which attorneys and patent attorneys, who are fair, independent, and neutral, work with the applicant and an outside patent search organization to clarify the risks of patent disputes inherent in a business, thereby helping to prevent serious damage to the business.
3 Since patent disputes proceed behind closed doors, there are not many opportunities for those other than the parties involved to be aware of the facts of occurrence, course of events, and outcome, but they do occur frequently under the surface. If a company becomes a defendant in a patent infringement case and loses the case, not only will it be unable to continue its business, but also the survival of the company itself may be in jeopardy due to the high amount of damages paid in recent years.
Therefore, the risk of patent disputes should not be taken lightly by those in charge of business, and should be avoided before the start of business by conducting preventive infringement searches.
4 There are two types of Advisory Opinion on Operability: a basic judgment that mainly aims to find out about other companies' patents that need to be paid attention to, and a detailed judgment that goes into whether or not the business falls under the category of patent infringement. The detailed judgment also has additional options for indirect infringement judgment, equivalent infringement judgment, and prior user rights judgment.
5 The Advisory Opinion on Operability is used to determine whether the direction of research and development of the product/method is correct at the “research and development stage,” and if not, it serves as a decision-making document for early correction. In addition, it is expected to be utilized in the prototype stage, commercialization and mass production stage, and in the loan (grant) consideration stage.