Why is Invalidity Search for a Patent Important?

An invalidity search for a patent helps to protect clients against patent trolls and any related violation. This method employs smart search strategies to identify a ‘relevant prior art’ and thereafter on its recognition, invalidate the claim. Few of the most used search strategies that assist in the process include citation analysis, wrapper analysis and inequitable searches.

If you want to understand the strength of a patent claim, employ the invalidity search for it. In case an infringement suit has been filed, the invalidity search for patents helps to assess the feasibility of an invalidity defense. Additionally, before enforcing a patent, one can also take a proactive measure to evaluate if it is valid. This is mainly put in use write off a frivolous or a feeble patent.

Why Conduct this Search?

Errors may occur while issuing patent claims on behalf of the Patent Office. There are chances that they could have ignored a relevant prior art (remove this link as it is of a competitor). Examiners who issue these patent claims are given stringent time period and resources to conduct such searches. This does not make the search exhaustive and thus, errors are bound to exist.

This is where an invalidity search comes into play. The results from such searches can be used to cancel a patent either by extensive litigation process or by even filing a simple petition to avoid unnecessary market buzz.

What is needed for this Search?

Details of the patent claim that you wish to cancel along with the patent number is required.

Knowledge about the target priority date, one which is mentioned on the patent itself.

Best Time to Conduct Invalidity Search for Patents

Consider doing this search when there is a receipt of patent infringement complaint directly from the owner of the original patent. Additionally, you can undertake this search when you are given a ‘cease and desist notice’ from an existing patent owner. Also, proactively, to avoid risks of facing infringement suits, one can conduct this search to establish the solidity of a new patent.

Smart Search Strategies

To unravel existing work of art, smart search strategies are used. Unless otherwise, exploring all relevant work becomes difficult. The few strategies involved in finding out similar kind of art include:

Understanding Stage – This patent invalidity search involves analysis (remove this link too) of patents in an all-inclusive manner through few smart search strategies which are decided beforehand.

Keyword Based Investigation – Query based on keywords is used vastly to detect any existing work of art. It can be information regarding a patented or even a non-patented piece of art.

Inequitable Search – By use of sophisticated and modern databases, patents which were not reported to the patent office but citations had been made in other countries are explored.

Declare an infringement suit null and void through patent invalidity search as the search process is exhaustive and helps to dig out any relevant art that might be existing already or vice versa. Innovation has got a new angle; with no scope for others to really take over you.

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