Patent invalidity/validity searches are an effective process to evaluate and either validate the claims made by a patent or to invalidate the claim(s) of a competitor’s patent. In a nutshell, it is usually the first step that each company takes when it faces the risk of a potential or an actual patent infringement lawsuit. Validity searches are also usually conducted by various corporations to check the strength of a patent alongside the exploration of the available licensing options. Another major purpose that invalidity (or validity) search fulfills is that of the finding of prior art that the patent examiner might have overlooked. Invalidity searches can be performed by both the applicants of the patent as well as by any third-party.
In usual cases, the applicant performs a patent validity search to reaffirm the validity of the patent in order to be secured to a great extent from future litigation. However, in case a third party performs the search, it is usually for refraining itself from patent litigation. As a searcher, we indeed endeavor to dig deep into the domain with the objective of finding a critical prior art, that would potentially have been overlooked by the patent examiner. This allows the client to challenge another’s patent, and/or at the same time, be prepared to defend against potential and actual patent infringement allegation by a competitor (“validity”). We at IP and Legal Filing (IPLF) are well-equipped to carry out the validity/invalidity search and provide customized patent validation search reports. We also provide interim updates from time to time to keep the clients updated about the search progress.
1. Understanding Phase
Our professional team at IPLF first evaluates the scope of work that is required in view of the patent in context, post which additional details are examined that might be required for carrying out the validation/invalidation of the patent. On the basis of this, our team formulates a comprehensive search strategy.
Our team then proceeds to carry out the validity search on electronic as well as physical data sources for Patent as well as Non-Patent Literature (NPL), including but not limited to non-traditional resources such as product literature and industry standards documents, and hard-copy collections at libraries across the globe. Our exemplary extensive Validity/Invalidity Search includes; Classification Based Search, Keyword Based Search, Inequitable Search, Non-Patent Literature Search, Assignee Based Search, Inventor Based Search, and Citation Based Search.
A comprehensive analysis is carried out after results are obtained from searching for various physical and digital databases. Our team’s years of professional experience in various aspects of patent procedure help us in separating the wheat from the chaff and deliver an efficient result to the clients.
- Number of Target Granted Patent
- Patent Claims for validity search
1. What is a patent validity/invalidity search?
A patent validity/Invalidity Search is a process whereby an extensive Patent Search is done in order to identify one or more prior arts for a registered patent. Moreover, this process is used for determining if such prior arts could be used for challenging the validity of the patent in question. The essential objective and purpose behind this search is to nullify one or more potential or actual claims of a patent application.
2. How do you prove patent invalidity?
In order to prove the invalidity of a patent, there is a need for challenging the claim(s) of rendering it invalid. The claim(s) are usually on the grounds that the patent has a lack of novelty or there is non-obviousness in the registered patent, or at the outset, the invention was not eligible to be categorized as a patent. Consequently, both Patent, as well as the Non-Patent Literature-based documents, should be cited and used in demonstrating an already existing prior art in view of the priority date of the claim(s) that are to be challenged.