There may be times when perhaps the product key is missing (Failed Motherboard Tattoo for HP, or OA3 key missing after Warranty repair) or non legible (key worn off if laptop).....
In those cases unless you previously upgraded to 10 you are out of luck.
In any other case, you can always use the key. For embedded keys there are a bunch of third party tools that grab the keys these days. Works a treat.