Patent Invalidity Search

To make your patent invalidation effective, it is critical that you have a decent understanding of the patent and know what prior art you are looking for. Before taking any kind of action, get a quick overview of the patent, and understand its prior art disclosure situation.

Quick Key points to note:
What is a Patent Invalidity Search?

• In general, patent invalidity search is usually performed to validate a patent’s claims or to invalidate the claims of a competitor’s patent.
• Patent invalidity search is typically one of the initial steps taken when confronted with a patent infringement suit.
• Patent invalidity search is an extensive prior art search that is conducted after the issuance of a patent.
• Patent invalidity search is different from a regular prior art search because the overall idea or invention is not the point of the search. Instead, a patent invalidity search concentrates on the claim language used.
• Patent invalidity search process facilitates challenging another person’s patent or helps with defense preparation against a patent infringement allegation.

How to Perform a Patent Invalidity Search?

• Establishing the priority date of the claims of the patent in question.
• Identifying relevant keywords and classifications.
• Understanding the invention and its scope.
• Formulating keywords along with patent classification.
• Conducting an exhaustive search.
• Analyzing the retrieved results.
• Prioritizing relevant prior art.
• Preparing claim charts.
• Preparing the Invalidity Search Report.