Importance of Patent Invalidity Search


Patent invalidity search is also known as patent invalidation or opposition study. This study is conducted to plainly distinguish between valid patent and non-patent documents. This study helps in either validating the claims stated in a patent or invalidating the claims mentioned in the competitor’s patent. Moreover, this study also helps in examining the non-obviousness and diligence behind the innovation and claims stated in a patent.

Invalidation search is done while conducting a prior-art search based on the technicalities of the concerned domain. It helps in exploring the specific prior arts which might have been overlooked by the USPTO patent officials. Patent invalidity search is significantly different from the usual prior-art search. It is stated so because the former does not implement its search operations altogether on the all-inclusive product of innovation. Instead, this procedure involves that all the claims are thoroughly studied based on its prosecution history.

Moreover, patent invalidity search comes into action when a patent has been challenged an infringement by a competitor patent. In such cases, the patentee may raise a voice of defense for the validity of his patent. This operation then involves carrying out suitable prior-art searches. The investigation is conducted solely based on the language of the claims mentioned in the patent. In addition to this, it might also constitute the interpretation of the claims based on available databases to analyse the extent of novelty it possesses. Finally, the infringement gets dissolved if the patentee’s claims do not fall in compliance with the competitor’s claims. This process is, otherwise, carried out generally after the patent has been issued. Therefore, this deciphers the predominant aim of conducting an invalidation search.

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How to perform Patent Invalidity Search?

An invalidation search seems an impossible task. The supporting facts state that before a patent is granted upon, all the attributes of a patent application are cross-examined thoroughly. USPTO officials inquire every detail in an application that corresponds to the novelty of the innovation. Moreover, developing advancements in the field of technology have evolved various database systems and publication sites. Expansion in this field will eventually help in revealing the unseen prior-arts, hence, providing credibility to patent invalidity search.

Invalidation search experts deeply analyse the subject matter which forms a basis of prior-art searches. The prior-art search conducted under the domain of invalidation search involves taking care of specific requirements. Therefore, to carry out a vigorous prior-art search, one must follow the below-mentioned guidelines.

  • To conduct an invalidation search, one needs to initially set-up a priority date for the claims of the infringed patent. This provides an essential component of prior-art. Any available declaration or announcement before the filing date is a prior-art.
  • Non-patent searches have equal importance when compared with patent searches. This is because; non-patent searchers seldom provides meaningful information for the prior-art.
  • The invalidation search considers comprehensive information regarding the subject matter of the patent for invalidation. The claims mentioned in the patent must provide all the required information related to innovation. This includes the whole concept behind the innovation and the specific attributes displayed by the innovation. The patent has a higher chance of invalidation if it does not constitute all the information.
  • non-patent literature and non-English patent literature references have equal importance when compared to all English patent literature.

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Key Points to Remember

One must remain updated about all the primary concerns that might arise while doing an infringement analysis. Hence, before a prior-art search one must follow the below-mentioned guidelines to obtain the required information.

Patent invalidity search includes examining all the weak points of the competitor’s patent. These include the rejection grounds used by the patent examiner to reject the application.

  • Invalidation search comprises of showing sheer patience to be able to find all the relevant prior-arts. Finding a single prior art relevant to the claims is not beneficial at times.
  • It is possible to find the relevant prior arts which match best with specific claims. This typically means that claims mentioned are weak and can be easily attacked upon.
  • Whereas, sometimes, the competitor’s patent are challenging enough to attack upon after collecting a bunch of specifically relevant prior arts only.
  • One must conduct comprehensive research on claim insights. This establishes minor details depicting the extent to which we may narrow down or modify the scopes of the claims.
  • One may conduct prior-art searches even by cross-examining the Allowable Subject Matter. This information brings out the reasons behind the granting of a patent by the patent office. One may acquire a great deal of knowledge by cracking the allowable subject matter and finding the relevant prior art search.
  • Prior-art search allows a defender to use the disclosed prior arts of the patent family to invalidate the competitor’s patent. These might include the citations of the abandoned family members.
  • A smart way to state a patent invalid is by proving that the invention was entirely available for public use. This refers to the availability of the invention 12 months before the date of filing.

Also Read: Why Patentability Search Reports are Important for Inventors?

Why is Patent Invalidity Search Important?

Various IP law firms and companies use Invalidity search as a tool to execute their patent application processes swiftly. It is a valuable weapon for various business companies that help them in taking appropriate IP decisions. The invalidation search provides valuable information for drafting a flawless patent application. It helps in gaining a clear understanding of an invention and its applications. Moreover, it also helps in analyzing the novelty of the product while dissipating knowledge about the possible future infringements.

Hence, this tool provides a priceless advantage to all the patent applicants and patent holders in acquiring a safe position in the IP industry.

Also Read: Key Benefits of Patent Landscape Reports

Why Choose Us? – The Patent Search Firm (TPSF)

The Patent Search Firm (TPSF) endures an experience of over 10 years in the field of carrying out Patent Invalidity Search,. The company holds vast potential in providing the best services by more than 350 technically skilled professionals. These experts have experience in conducting invalidity searches in more than 16 different languages in over 100 countries across the globe. Moreover, the company assures in providing quick turnarounds with 100% satisfaction from the client’s perspective.

TPSF provides extensive research in the subject matter and examines a broad range of non-patent literature by its subject matter experts. Also, TPSF provides a broad range of services including Patentability Search, Freedom to Operate Search (FTO), and Landscape Analysis. Also, we provide services such as Design Patent Search, Patent Assignee Search, Chemical Structure Search, Biological Sequence Search, and Patent Watch/ Monitoring. Indeed, the company has impregnated its roots in the IP industry by providing more than 75% successful outcomes over the years.

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