Invalidity search is an exhaustive prior art search conducted after the issuance of patent. The main purpose of the invalidity search is to validate the enforceability of a patent’s claims. Invalidation searches aim at finding documents that challenge the validity of a patent, where such prior art documents were not cited by the examiner at the time of patent prosecution. Therefore, patent validity search is conducted to determine whether an issued patent is valid or not.
Invalidity searches are performed by applicants of the patent as well as by the 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.
We analyze the scope of work and analyze the details provided for the validation/invalidation of the patent. Based on the understanding developed we formulate the Search strategy.
We carry out the Search on electronic and manual data sources for Non Patent Literature (NPL), including non-traditional resources such as product literature and industry standards documents, and hard-copy collections at libraries all across the globe. Our extensive Validity/Invalidity Search includes, but 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, Analysis is carried out. Our years of experience in various aspects of patenting help us in separating the wheat from the chaff.
As it may be appreciated that the time taken for conducting a Validity/Invalidity Search depends on the scope of the search such as number of claims that need to be invalidated. But on an average, we conclude the project in 10 to 20 working days.
1) Details of Patent Application and the specific claims of that you need to invalidate
2) The target priority date, if it is different from the priority date listed on the face of patent
3) Any known prior art that is not listed on the face of the patent
A Patent Validity/Invalidity Search is an exhaustive Patent Search conducted to determine the Prior Art(s) after issuance of patent. The purpose of the search is to invalidate one or more claims of a patent.
To prove the claim(s) of a patent invalid, the claim(s) must be challenged on the grounds of lack of novelty or non-obviousness. Therefore, the relevant Patent Literature or Non-Patent Literature must be cited having existence prior to the priority date of the claim(s) to be challenged.