Understanding the Nuances of Patent Invalidity Searches : Patent validity search or patent invalidity search are similar to one another except the fact that the end results are different. The end results of such patent searches are either valid or invalid patent claims and depend much on the intention of whether we wish to enforce the validity of a patent or intend to oppose the validity of it.
An invalidity or opposition search is to identify patent and non-patent documents which may impact the claims of a specific patent. This can help block patents and establish solidity of a patent portfolio which may be useful for licensing or company acquisition.
Why do we need to do patent invalidity searches?
Although, it is presumed that all claims of a patent are valid when granted but there is a possibility that the patent office may have allowed claims in error by missing the best prior art while doing patent searches because of the huge number of patents to be examined.
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What is the purpose of an invalidation search?
The main purpose of an invalidation search is to challenge the novelty and inventiveness (i.e, demonstrate obviousness) of the claims of the patent.
How to start doing patent invalidation search?
- Checking prior art reference of the patent document- An effective patent invalidation search is started with checking prior art references in the patent documents itself. Mostly, these references are found in the description part or the opening paragraph of the patent document.
- Checking prior art references provided by the patent office- Another lucrative resource for such references is the prior art references listed by the respective patent office.
- Doing phrase based patent search- Doing keyword or phrase based patent search is another important step in doing an invalidity search. To conduct such type of search we usually create relevant keywords or text-based phrases that can be used as an input text in various patent-related databases like patentscope or United States Patent and Trademark Office database.
- Doing claim based patent search- Claims are one of the most important parts of a patent document and it defines the legal boundary of the invention. Claims may either be independent or dependent depending on whether the claim can be interpreted without referencing other claims or not. Doing a patent search with focus on the claim is another important method to find relevant results for an invalidation search.
Our service are not constrained to the database search, provided the time and expense , our The Patent Search firm (TPSF) team will uncover earlier brochures or outdated products, locate acquaintances of the inventor, explore old public revelation, or do exhibit every action it takes to negate a patent. We have been directing invalidity searches for a long time and we will be constant in endeavouring to locate the negating reference that you require.
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