Patent (In)Validity Analysis
An invalidity search is conducted to invalidate a specific patent on grounds of novelty. It is an effort from our end to figure out every possible prior art that was missed during the Examination by the Patent Office.
A search for any document or evidence of use of the patented invention before the first effective filing date of the subject patent is conducted. In case you have been sued for infringing a patent, you may use Invalidity search as a tool to try and invalidate that patent.
The Invalidity search is mostly ordered by defendants because if they can invalidate the plaintiff’s patent, with previously existing prior art(s) the patent can be considered invalid and cannot stop others from selling or manufacturing the technology in dispute. Plaintiff’s or patent owners can also conduct the validity search for their own patent as a part of due diligence exercise to know the strength of their own patent.
A validity Search can also confirm your patent claims and potentially increase the fees you charge for licensing your technology.
When a client plans to license, buy, sell or assert a patent, they request for a patent Validity search to ensure the enforceability of the patent under consideration. Our Validity reports help our clients in taking informed decisions and negotiations.