Can patent agents give patent infringement opinions?
Yes. Patent agents sometimes have to, such as under MPEP 708.02, so it is within the skill set and license of someone who practices before the US PTO. When you get notice of a patent infringement claim, it is usually best to get a competent opinion on whether the patent is valid and whether your product infringes. Otherwise you can be liable for triple damages if a court finds willful infringement. A patent agent can also handle a reexamination before the US PTO, if prior art shows that a patent’s claims should be narrowed or cancelled.
