Patent Invalidation Search
What is Patent Invalidation search and why it is conducted?
Patent invalidation search is an extensive search of relevant prior arts references (Patent references and non-patent references) that can help in invalidating the claims of the Plaintiff patent either by proving that claims are not novel or obvious in nature.
The prior art is simply an evidence or proof that claims the plaintiff patent invention is already known in prior patent references and non-patent references.
These prior art references that were missed by patent examiner during patent prosecution and the patent was obtained wrongfully or fraudulently which may potentially not novel or obvious.
PatseanIP Patent Invalidity Search Process
PatseanIP Patent Invalidity Search Process
1- Get a quick overview of the patent, and understand its prior art disclosure situation.
Understanding the claims of the patent and determining its patent scope will provide with a clearer direction for prior art searching.
2- Before even start conducting a patent invalidity search, the first port of call should be establishing the priority date of the claims of the patent in question. Generally speaking, any disclosures that are publically available before the filing date of the patent are considered to be prior art.
3- Locate the § 102 and § 103 prior art on AI- Assisted Patent search databases Such as Questel, Derwent Innovation, Orbit etc.
4- Mapping of identified prior art references with subject patent claims.
What kind of information is included in an invalidity search
Invalidity search report
An invalidity search report typically includes a list of prior art references that were uncovered during the search, along with an analysis of each reference and how it relates to the patent in question. The report may also include an opinion on the patent's validity based on the prior art uncovered during the search. The search report may include various types of prior art, including patents, patent applications, journal articles, conference papers, and other publicly available information that could potentially invalidate the patent. The report may also include information on the search methodology used, the search terms employed, and any limitations or caveats associated with the search.
Once the search is concluded, we then provide an insightful, customer-friendly report that clearly maps out the prior art against the asserted claims. Our invalidity search reports have been instrumental in overturning allegations of patent infringement and in helping clients take a stronger, better-informed stance in patent litigations or negotiations.
It's an easy and convenient process to avoid litigation, though preparing invalidity search reports may not be an easy task. Many big companies/corporates prefer this solution than settling the matter to courtrooms. We helped our clients in avoiding undesired lawsuits through our high-grade Invalidation search reports.
