Informal Invalidity Proceeding
Steps for Informal Invalidity Proceedings & Why They Are Cost-Effective
Challenging the validity of a patent doesn’t always require expensive litigation or formal USPTO proceedings. Informal invalidity proceedings provide a strategic, cost-effective alternative to protect businesses from weak or improperly granted patents. Here’s how it works and why it’s the smarter choice for many defendants
Prior Art Search & Analysis
- Conduct a thorough prior art search to identify publications, patents, or evidence that predate the disputed patent claims.
- Analyze the scope of the patent to assess its validity and potential vulnerabilities.
Technical & Legal Evaluation
- Work with patent professionals to determine if the identified prior art is strong enough to challenge the patent’s claims.
- Evaluate whether the patent holder may have failed to meet legal requirements such as novelty or non-obviousness.
Draft Invalidation Argument
- Using the evidence gathered, we will prepare a formal response letter to the plaintiff’s legal counsel.
- This letter will highlight weaknesses in the patent and assert why it is invalid based on existing law (e.g., lack of novelty, obviousness, or insufficient disclosure).
Negotiate Dismissal
- Armed with this information, we will reach out to the plaintiff and their representatives, emphasizing the risks and costs they face in pursuing a claim based on a weak patent.
- The goal is to compel them to voluntarily dismiss the case without further legal escalation.
Why Informal Invalidity Proceedings Are Cost-Effective?
Lower Legal Fees
Formal patent litigation or USPTO review can cost hundreds of thousands of dollars. Informal invalidity proceedings require fewer legal resources, making them a fraction of the cost.
Faster Resolution
Court cases and USPTO reviews can take years, whereas informal methods can yield results in months or even weeks.
Less Procedural Burden
Unlike formal litigation, informal invalidity challenges avoid strict procedural requirements, depositions, and extensive documentation.
Reduces Risk of Counterclaims
Engaging in a lawsuit can expose a defendant to counterclaims, while informal invalidation efforts provide a way to challenge a patent without initiating full-scale litigation.
Why Defendants Choose Informal Invalidity Options?
Avoid Costly Litigation
Companies prefer informal proceedings to minimize legal expenses and operational disruptions.
Maintain Competitive Advantage
Challenging weak patents informally can prevent competitors from gaining undue control over market segments.
Reduce Business Risk
Litigation outcomes are uncertain; informal invalidation provides a strategic way to weaken or neutralize a patent’s enforceability before legal action escalates.
Influence Future Enforcement
Weakening a patent through informal means can deter enforcement against other businesses in the industry.
Preserve Business Relationships
Informal challenges allow for negotiations and settlements without the adversarial nature of courtroom battles.
