Patent invalidity searches or patent validity searches are similar to one another. The only fact is that the end results are different. The end results of such patent searches are either valid or invalid patent claims. Also, the results depend much on the intention to enforce the validity of a patent or oppose the validity of it.
An invalidity or opposition search identifies patent and non-patent documents. These documents impact the claims of a specific patent. It helps to block patents and establish solidity of a patent portfolio. Thus, it is useful for licensing or company acquisition.
Why do we need to do patent invalidity searches?
It is presumed that all claims of a patent are valid after the grant.
However, there is a possibility that the patent office misses the best prior-art while doing patent searches and may allow claims in error. This is because of the huge number of patents for examination.
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?
- Check prior-art reference of the patent document-
An effective patent invalidation search is started with checking prior-art references in the patent documents itself. These references, mostly, are present in the description part. Also, they are at the opening paragraph of the patent document.
- Check prior-art references from the patent office-
Another lucrative resource for such references is the prior-art references listed by the respective patent office.
- Perform a phrase based patent search-
An another important step in invalidity search is to perform keyword or phrase based patent search. We usually create relevant keywords or text-based phrases to conduct such type of search. These keywords are the input text in various patent-related databases. For example, patent scope or the United States Patent and Trademark Office database.
- Do a claim based patent search-
Claims are one of the most important parts of a patent document. They define the legal boundary of the invention. Claims are either independent or dependent. Another important method to find relevant results for an invalidation search is by doing a patent search with a focus on the claim.
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The Patent Search Firm’s service does not limits itself to the database search. The (TPSF) team with the time and expense, uncovers earlier brochures or outdated products. It also locates inventor acquaintances, explores old public revelation, and exhibits every action it takes to negate a patent.
The company directs invalidity searches for a long time. And is constant in endeavoring to locate the negating reference that you require.