An Invalidity Search is a prior art search done after a patent is granted. The purpose of an invalidity search is to find prior art that the patent examiner overlooked so that a patent can be declared invalid. Validity searches are also conducted to check the strength of a granted patent while exploring the available licensing options.
To invalidate a patent which has caused risk to the sale of client’s product
To invalidate a patent which has become a reason for patent infringement lawsuit
To check strength of a granted patent before exploring licensing options
Understanding Target Claims and Enablement of Target Claims >> Identifying the Cut-Off Date to search Prior Arts >> Understanding the Infringement Lawsuit (if any) >> Webbing Search >> Keyword Based Search >> Classification Based Search >> Combinational & Logical Search >> Non-Patent Search >> Assignee/Inventor Based Search >> Similarity Search >> Citation Search >> Shortlisting Relevant References >> Detailed Mapping of References vs Target Claims >> Translated PDFs of Non-English References
Interim Reports (if required), Color Coded Claim Charts, Analyst Comments considering understanding of Patent Claims and Estoppels from the File Wrapper Analysis, Professional Databases for Search
5-6 Working Days
Company A’s Product on Sale >> Company B files a Patent Infringement Lawsuit on Company A >> Company A tries to Invalidate Company B’s Patent >> Invalidity Search
Company A has a Granted Patent >> Company A wants to explore Licensing Options for the Granted Patent >> Company A first checks the strength of the granted patent before exploring the licensing options