Patent invalidity or patent validity searches are conducted to either validate enforceability of claims of a patent or to invalidate one or more claims of some other patent (mostly of a competitor). It is the first step taken by a company facing a patent infringement lawsuit. A Patent Validity or Patent Invalidity Search is a prior art search that is conducted after issuance of a patent. These two types of searches are identical except for the desired outcome (valid or invalid patent claims) of the search. This is also sometimes referred to as an opposition search.
When should you conduct a patent validity or patent invalidation search?
When you are confronted by allegations of patent infringement, an invalidation search is the first line of defense as it serves as a proof of invalidity based on prior art. Any patent invalidation study may involve hundreds of millions of dollars at stake, therefore it requires good patent expertise and technical understanding of the person to conduct a good prior art patent invalidity search.
A Patent Validity Search may be done when a client is evaluating options of licensing, buying, or selling a patent and wants to know that the patent is enforceable. If you know whether the patent can withstand an attack on validity or not, it will help you to take an informed decision while negotiating a patent transaction deal.
Sometimes, a Patent Office may have issued patent claims in error and might possible have overlooked a prior art document. This is because patent examiners have limited time and resources to conduct their searches. A client may want to do a patent validity/invalidity search and use the search results to try to invalidate the granted patent either by litigation or by filing a petition for review of the patent at the U.S. Patent and Trademark Office or any other patent jurisdiction.
Why you should trust Maxinov for your patent invalidation /validity case?
There are multiple reasons why Maxinov can be your trusted partner for prior art searches and particularly patent invalidation/validity studies:
- 8+ years of business in patent research and patent intelligence
- Our team have experienced person of over a decade of experience in handling patent matters such as patent prosecution, patent searches, patent invalidation etc.
- Our unique blend of technology expertise and patent experience help us deliver the highest of the quality standards in IP industry.
- We have a strong team who understands the technology of a patent including researchers, lawyers, patent agents, scientists, business professionals, engineers, etc. Our technology capabilities range from life sciences (pharma, biomed, medical tech) and mechanical structures and machines to electronics, computer sciences and engineering, healthcare IT, 3D printing, blockchain, 5G, IoT and other hi-tech innovative technology sectors.
- A patent invalidity search is generally wide-ranging and requires extensive coverage and review of literature because an entire patent infringement lawsuit depends on it (and as such involves millions of dollars at stake). We have access to some of the best patent databases that allow us to review literature for searching with a vast coverage across 100+ patent jurisdictions.
- We have successfully completed more than 3,000 searches
- Our deliverables (search reports) are highly customized based on client requirements and highlight claim/key feature mapping for easy review by the client and help make a decision about use of the prior art in their case.
- The search report highlights relevant and important texts which is quite helpful for prior art review and its overlap with the granted patent and consideration for validity/invalidity.
- Partnered USPTO patent attorney in case the client requires a legal support.