What Is Patent Invalidity Search And To Perform One?

Patent Invalidity Search
What Is Patent Invalidity Search And To Perform One?

A patent invalidation search is generally executed to validate or invalidate the patent claim or the competitor’s claim over your invention right. The Patent invalidation process is one of the most significant initial steps taken when the inventors face a patent infringement lawsuit. People also conduct patent invalidity searches that will help them to examine the patent strength while discovering different opportunities for the potential licensing. 

A patent invalidation procedure is a broad prior art search that the owner conducts after the patent issue. The sole objective of this process is to identify any prior art the examiner of USPTO authorities might have missed and might cause problems later to invalidate your patent by another third party. It is different from the other prior art search as the overall concept or discovery was not the primary search point. Instead, it primarily focuses on the language used in the claim.

With this in mind, it is necessary to evaluate and make sure that you have searched all the claim elements present on the internet from the possible scope and interpretation context. You should conduct this after and before the grant or litigation associated with the grant construction. The sole purpose of this search type is to go deep into the domain to identify the vital prior art that might have been missed by the patent examiner previously. This process can either facilitate or challenge the patent of another person and can assist you in preparing a defense against the allegation of patent infringement.And Sagacious IP has been successfully doing for its esteemed clients for years now. 

How To Execute A Patent Invalidation Search?

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Before beginning a patent invalidity search, your priority should be establishing the claim priority date of the patent that is in question. Usually, any disclosure publically presents before the patent filing date is known as the prior art. Additionally, if the patent application is published after the patent filing date, the examiner can invalidate it. But if the published patent filing date is before the patent filing date in question, then the patent will also be declared as the prior art.

You must analyze the patent claims before invalidating them and determine the first application for the patent in the entire family. It will also reveal all the claim limitations to invalidate the patent. Typically the bulk features might reveal in the patent applications previously filed. However, there could be other features as well only present in the patent that needs to be invalidated. If this becomes the case, these limitations and features are classified as the claimed patent components in question. It means there might be disputes in the priority date for the claims and should invalidate the patent filing date. 

Thus it is one of the best practices while considering the patent filing date when you conduct a patent invalidity or validity search. 

How To Invalidate A Patent?

To make your invalidation of the patent inefficient, you must include a decent patent understanding and know what type of prior art you are searching for. Before starting any action, get a rapid patent overview and understand the prior art disclosure situation. Understanding these patent claims and determining the patent scope will offer you a clear direction for the prior art searching. There are different approaches through which you can invalidate or carry out a patent validity search. Let us take a quick look at some of the most common techniques. 

Review The Information Of The File Wrapper

The data examination allows the inventor to explore more about the rejections of the claim done by the patent examiner, the grounds of rejection, recorded prior art in the post grand proceedings, and prosecution history. It is significant to find out how much of this patent is disclosed by comparing the target claims with the prior art. If you can identify the prior art to reveal the claim, then that patent can be weak, and its chances of being invalidated become high. 

Some patents are challenging, and you cannot disclose by the prior art single reference. You might require to be proven by multiple evidence of the prior art instead. With limited time, it becomes even more challenging to perform a more comprehensive search. 

Location Of The Prior Art

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Prior art is more related to the patent claim patentability than the ones referred by the patent examiners. Besides the references of the prior art of the prosecution history, second-degree prior art and patent family prior art is also some of the outstanding places for discovering strong prior art. The family’s prior art reveals the patent family’s prior art. You can use any family-oriented prior art as evidence of invalidation. If the patent family member is abandoned, there will be a good chance the citation will be used against the invalidation patent proof. 

Importance Of Patent Validity Search

Different IP companies and law firms implement invalidity search as a tool for executing the patent application process rapidly. It is one of the most valuable weapons for various business companies that will help them to make proper IP decisions. The invalidation search offers valuable data for creating a flawless application of the patent. It assists in gaining a clear advantage of the applications and inventions. 

Conclusion

Patent invalidation search help to analyze the product novelty while dissipating the knowledge about the potential infringement in the future. Hence, this search offers a priceless benefit to all the patent applicants and patent holders in achieving a safe position in the patent industry.