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Patent Validity/Invalidity Search

Introduction

Invalidity search is an exhaustive prior art search conducted after the issuance of patent. The main purpose of the invalidity search is to validate the enforceability of a patent’s claims. Invalidation searches aim at finding documents that challenge the validity of a patent, where such prior art documents were not cited by the examiner at the time of patent prosecution. Therefore, patent validity search is conducted to determine whether an issued patent is valid or not.

Invalidity searches are performed by applicants of the patent as well as by third party. Applicants usually perform patent validity search to reaffirm their validity and get protection from future litigations. However, a third party performs the search to invalidate the patent in order to refrain itself from patent litigation.

Our Approach

We at IIPRD understand the criticality and importance of patents from a commercialization standpoint and undertake numerous Patent Validity projects to ensure, to the best of our capabilities, enforceability of the concerned patents. We conduct an extensive search of patents, technical publications and/or any other available written materials that may be relevant to the patented invention. All publicly available documents or evidence of public disclosure prior to the filing date/priority date of the patent application are analysed. We seek to carefully scope the search parameters in order to focus on the most pertinent sources.