Patent Invalidity Search

A thorough prior art search is carried out following the issue of a patent to determine its invalidity. Finding patent and non-patent documents (NPLs) that could have an impact on the claims made in a particular target patent is the primary objective of conducting a validity/invalidity search. A standard defense in a patent litigation case where a rival claims that a company is infringing on its patent is to show the honourable court that the suit and the target patent were improperly issued by the Patent Office. In order to support this argument, a patent invalidity search is conducted to ascertain the strength of the target patent and whether it is subject to challenge. It is also common practice to search for patent validity or invalidity in order to assess a patent's strength and determine how well it can withstand challenges.

1. Recognizing the Subject Patent

Having a thorough understanding of the target patent, including its claims, scope, description, illustrations, etc., is the first stage in the validation or invalidation process.

2. Analysis of File Wrappers

Examining the file wrapper or prosecution history of the target patent to learn about the examiner's considerations, changes, rejections, etc.

3. Identification of Relevant Keywords

Finding pertinent keywords to help with effective patent searches. We start by enumerating terms and phrases, together with synonyms and similar terms, that best characterize the patent claims.

4. Relevant Classification of Patents

We determine pertinent patent classes or classifications in order to focus our search and target the proper patents. Based on their technology and intended use, innovations are categorized into distinct classes and subclasses by patent classification systems.

5. Date Requirements

We restrict our search in the context of an invalidity search to patent and non-patent references whose publication dates come before the relevant patent's priority or publication date.

6. Patent Searching with Patent Databases

We have access to a large collection of patent documents by using different patent databases. For patent searches, we use databases such as Orbit, Patseer, Derwent Innovation, Google Patents, Espacenet, USPTO, WIPO, etc.

7. Developing a Successful Search Approach

Using the patent classes and the found keywords to develop a successful search approach. Furthermore, we take into account the subsequent sophisticated search methods Searches for citations, similarities, assignees and inventors, themes, etc.

8. Using search engines to conduct an open search for both patent literature and non-patent literature (PL and NPL)

We think about conducting open searches with search engines for relevant non-patent literature (NPL) and patent literature (PL) in addition to patent databases.

9. Mapping of Claims

Mapping the target patent's claims to the prior art and references discovered throughout the search. stating precisely where the claims diverge or overlap existing art.

10. Preparing Reports

The final step is to compile the search results, which include pertinent patents, file wrapper details, and reference analysis. Our results are presented in an extensive report that, if required, includes visual aids like graphs, charts, and claim charts