Patent invalidity/validity searches are conducted to either validate the claims made by a patent, or to invalidate one or more claims of a competitor’s patent. It is the first step taken by a company when faced with a patent infringement lawsuit. Validity searches are also conducted to check the strength of a granted patent while exploring the available licensing options. The purpose of an invalidity (or validity) search is to find prior art that the patent examiner may have overlooked so that a patent can be declared invalid. Invalidity searches can be performed by applicants of the patent as well as by a third-party. Applicants usually perform a patent validity search to reaffirm their validity and get protection from future litigations. However, a third party performs the search to invalidate the patent in order to refrain itself from patent litigation. As a searcher, we are expected to dig deep into the domain to find critical prior art overlooked by the patent examiner, which would allow the client to challenge another’s patent (“invalidity”) or be prepared to defend a 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
Professionals at IPLF first analyse the scope of work in view of the patent in context (and its claimed subject matter and prosecution history) and then examine the additional details that may be provided for carrying out the validation/invalidation of the patent. Based on the understanding developed, we formulate a comprehensive search strategy.
We carry out the validity search on electronic and manual data sources for Patent as well as Non-Patent Literature (NPL), including non-traditional resources such as product literature and industry standards documents, and hard-copy collections at libraries across the globe. Our extensive Validity/Invalidity Search includes, but is not limited to, Classification Based Search, Keyword Based Search, Inequitable Search, Non-Patent Literature Search, Assignee Based Search, Inventor Based Search, and Citation Based Search.
Once we obtain results after searching various databases, a comprehensive analysis is carried out. Our years of experience in various aspects of patenting help us in separating the wheat from the chaff.
- Number of Target Granted Patent
- Patent Claims for validity search
1. What is a patent invalidity search?
A Patent Validity/Invalidity Search is an exhaustive Patent Search conducted to identify one or more prior arts for a granted/issued Patent and determine if such identified prior arts can successfully challenge the validity of the patent in context. The purpose of the search is to invalidate one or more claims of a patent.
2. How do you prove patent invalidity?
In order to prove that the claim(s) of a patent are invalid, the claim(s) must be challenged on the grounds of lack of novelty or non-obviousness, or on patent eligibility grounds. Therefore, relevant Patent or Non-Patent Literature-based documents must be retrieved/cited to demonstrate the existence of prior art in view of the priority date of the claim(s) to be challenged.