Patent invalidation is a tool that any organization, company, or individual uses to moderate the technological supremacy of their opponent via invalidating their patents. Invalidity Search and Patent watch service are the two tools that keep an eye on the competitor’s technological developments. Further, it also assists in lessening their patents. This has the potential to harm your revenue-generating potential and technological dominance.
In this article, we will focus on understanding patent invalidity searches in detail.
Read Also: Patentability Search: A Short Introduction
What Is a Patent Invalidity Search?
A patent invalidity search is typically performed to invalidate a competitor’s patent claims or validate a patent’s claims. It is usually one of the initial steps taken to confront a patent infringement suit. Patent invalidity searches are also conducted to support investigating the strength of a patent while also exploring potential licensing opportunities at the same time.
Further, this search is an extensive prior art search. You can conduct this by following the issuance of a patent. Its primary goal is to detect any prior art that the USPTO examiner might miss invalidating a patent. It is different from a regular prior art search because the invention or overall idea is not the point of the search. Instead, it concentrates on the use of claim language.
Therefore, it is essential to evaluate any prior litigation and post-grant associated claim construction.
Read Also: Prior-Art Search: Compulsory or not?
Who should choose the invalidity search and when?
Read Also: Importance of Patent Invalidity Search
Launching market dominance in the field of technology is a luxurious affair. However, the cost of developing the new technology with the cost of patenting is enormous. Therefore, the only option to achieve monopolistic power in the business is by developing new technologies. The next best option is to achieve market dominance or monopoly in business through killing or invalidating the patents of the opponent.
- Patent Infringement Suit: The alleged party can use the invalidity search as an attempt to invalidate or cancel the patent in question under the allegation of patent infringement. This can render the allegation of infringement baseless. Invalidity search can invalidate the claims of the patents by proving that claims are not novel or blatant. Further, it also falls under the statutory exceptions, which provide sufficient evidence of prior arts. In the other scenario, under the allegation of patent infringement, the alleged party can use the invalidity search to establish that their invention is novel and non-obvious; thus, it is not infringing the said patent.
- Patent Portfolio Assessment: Invalidity or validity search helps establish the strength of the patents. This search report states the claims of a patent novel are non-obvious and do not generally fall under any statutory exception of patents. Further, it establishes the strength of the patent, and it also makes the patent more valuable.
- Clearing the Competitive Field: Patent invalidation search is an effective weapon in diminishing competitors’ patents. Invalidity search dictates whether the claims of a granted patent are obvious and non-novel. Additionally, it also decides whether the patent falls under the ambit of statutory exceptions for grant of patents or not.
How Do You Perform a Patent Invalidity Search?
The first you should be taking is establishing the priority date of the patent claims in question. You have to take this step even before the start of conducting a patent invalidity search. Prior art is any disclosures that are available publicly and you can consider before the filing date of the patent.
Furthermore, if you publish a patent application later than the patent’s filing date, it receives a prior art rank.
Always analyse the patent claims you have to invalidate to ascertain the first patent application in the whole family. This step can disclose all of the limitations in the claims to invalidate the patent.
Read Also: Key Benefits of Patent Landscape Reports
To conclude, it is best practice to consider the patent’s filing date before you conduct a patent invalidity search.
If you want to find out more about checking the validity of a patent, then The Patent Search Firm can help you. Take a look at our high-quality services of patentability searches, invalidity searches, freedom to operate searches, patent landscape, biological sequence search, etc., here.