What is Patent Invalidity Search? Why do You Need?

Introduction: An extensive Prior Art Search performed after patent issuance, to examine whether a patent can be proved incorrect or invalid because the invention was unable to stand true in terms of the basic patentable requirements, such as novelty, non-obviousness, etc. at the time of patent grant. The prior art is simply an evidence or proof that claims that the invention is already known.  This search of finding out is referred as the patent validity or invalidity search. The main focus of the search is either to check the authenticity of its enforcement (checking validity) or to invalidate its claims (checking invalidity). The search is basically performed due to these three basic reasons:

  • To invalidate patent infringement
  • To search for same patents before any new patent enforcement
  • To check whether the licensor holds authentic claim to the patent

An opposition member claiming the invalidity may use these invalidity search results to undermine the patent either by litigation or by filing a petition to the governing court. When threatened by accusations of patent contravention, prior art based proof of invalidity art is the first line of defense. Famous U.S. firms and corporations are eagerly consulting Sagacious IP for discussing about all these searches.

Patent Validity Prior Art Search

A prior art search must be commissioned by the client or any relevant search firm before licensing, selling, or buying a patent to test the validity of the idea behind the invention and to confirm that the patent is enforceable. Taking an idea regarding the background and knowledge about the market before going on for patenting, will make the inventor and its invention, a stronger negotiating stance.

Patent Invalidity Search

It is a wide-ranging and extensive all-out search attack that checks for complete patent infringement lawsuit. Invalidating a patent may vary according to different territorial regions and national governing laws imposed in that area. Most common claims which are accepted by the governing laws are the publication of the invention prior to the priority date of the application for patent, sales of the invention, prior public knowledge, or prior public use. In such cases, an exhaustive prior art search will be directed at each of the separate sources of prior art.

Prior art sources such as issued patents, published patent applications, and non-patent literature (journals, books, academic work, product literature, and internet publications) are the most common sources, despite of the fact that the patent art reservoir is huge storage. Physical pictures, examples, product logos, and even sale evidences fall under the category of prior art sources. Search approach differs from one technical subject are to another.

Patent Collection vs Prior Art Information

They differ in terms of their organization and approachability. Patents are the documented form of literature that allows specific prior art search information to be precisely regained and reviewed. Whereas, a patent prior art search simply contains the search for patents from the patent offices if asked or required.

Patent documents includes collection of significant amount of invention details so that even a person holding an average amount of knowledge, could utilize this research, understand it, and use it in future. Sagacious IP conducts non-patent literature (NPL) prior art search depending on the client’s requirements for a specific type of requirement. Non-patent literature can be skipped for patentability search, but every possible sources of prior art must and should be considered for validity searches.

U.S. Amendments

According to the U.S. laws, the reference date is the earliest patent filing date and the reference date is the date of publication for rest of the publications. The U.S. was once a country where the date of invention was considered as the date of filing a patent. It was thus on March 16, 2013, U.S. modified its rules and became the first-to-file country. Therefore, the date of invention will be the date the applicant files a patent application and the reference date must be of before the date of invention in order to be prior art.

Patent Invalidity Search by Sagacious IP

  • Performing patent invalidity search from the last 20 years in the market.
  • Out-of-box approach that verifies from a lot more than simple database searching.
  • Extent of search depends upon the time and budget of the client.
  • Searches are made for checking old product brochures or out-of-date products, locating dukes of resourceful entities, investigating trade show disclosures from the beginning of history of the technology used, and for a lot more.

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