Sagacious IP’s award-winning Patent Invalidation/Invalidity Search service enables you to identify patent and non-patent documents that may impact the validity of claims of a patent. Our unique methodology not only helps you quickly identify relevant prior arts but also delivers the information you seek, structured as per your unique legal and technical requirements, enabling you to make quick IP decisions.
A Fortune 100 company in the printing industry with a very strong R&D infrastructure requested 15+ Silver Bullet Invalidity searches in a quarter.
A leading Japanese IP asset managing (licensing) company consults Sagacious IP for evaluating the validity of IP assets before launching any commercialization program.
A Swiss-based global market leader in the development, production & marketing of actuator solutions is supported by Sagacious IP with quick validity checks and patent strength analysis for acquisition.
A US-based law firm requested Sagacious IP to perform Native Language search for a memory related patent portfolio. The strategy of collaborative searching became highly successful as it captured many non-English references that could not be identified through machine translation.
One of the world’s leading printer companies based out of the US engaged Sagacious IP for a critical project involving 10 patent families. The company was facing a possible infringement suit with a possibly enormous payout. Our team was instrumental in supporting the client by providing invalidity searches to help strengthen the client’s negotiating power. We undertook 10 silver bullet searches and were successful in identifying prior art references that invalidated 5 of the 10 patents in question. The art identified ranged from non-patent references to obscure patent references from China. To add to all the complexities involved, the project was also delivered in a record time of 3 weeks.
A global e-commerce giant based out of the US reached out to Sagacious IP for custom validity searches as a part of their due diligence before acquisition. The team that already works in an FTE arrangement with the client on other services, took up the challenge to conduct these critical validity searches. In addition to the millions of dollars that hinged on the search results ensuring that patent assets were valid was of critical importance. The team was able to conduct comprehensive searches covering 100+ countries to ensure that the best patents were shortlisted.
Sagacious IP was approached by a renowned IP consulting company based in Japan to create a process around mining patent portfolios to identify patents for assertion and also conduct validity checks on the identified patents as a part of pre-assertion due diligence. Sagacious worked closely with the client to understand the requirements and created a process where patent portfolios were mined and pre-assertion validity checks were conducted. So far Sagacious has successfully worked on multiple portfolios including up to 1000+ patents and conducted 50+ validity searches related to the portfolios.
Our contextual analysis capabilities related to both patents and NPL, coupled with the ability to understand standard databases, played a crucial role in invalidating telecom related SEPs. Continuous interactions/calls with the attorney and multi-fold search iterations were instrumental in building the flawless argument against these SEPs.
One of the biggest Fortune 100 US cloud computing companies trusts Sagacious IP for all their silver bullet invalidity searches to knock down the patents filed in infringement lawsuits against their product line.
In response to a validity search request by one of our European law firm clients for a patent with a huge list of backward citations, Sagacious IP adopted a non-conventional approach. Depending on the technology area, we relied more on organic image analysis and scanned through tutorials/review videos to identify concrete evidence in a user-posted video on YouTube.
A leading US-based law firm representing a pharma giant reached out to Sagacious IP for an invalidity search project. The law firm wanted Sagacious IP’s team to conduct bespoke patent invalidity searches on 2 patents related to medical prostheses. Our team undertook silver bullet searches to identify novelty destroying prior art references that successfully helped create a strong case against the patent. The references identified helped stave off the ongoing litigation and brought about an early settlement.
A leading Danish company specializing in audio solutions wanted to put in an opposition program in place wherein they opposed any newly granted threatening patents belonging to their competitors. We worked with the client’s law firms to create a process in which the searches were conducted by Sagacious and the art supplied to the law firm enabled them to prepare the opposition submissions. We created a custom budget variant as per requirement and continue to undertake 2 – 3 invalidity searches every month with a 50% success rate in an oppositions.
One of the world’s largest US-based IP law firms has engaged Sagacious IP as their preferred search partner for handling all of their critical invalidity search projects. Over the course of our six-year relationship with the client, our team has successfully completed 100+ invalidity searches with them. The searches have encompassed multiple domains with varied jurisdictional and language coverage. Our expertise in searches has also enabled us to handle critical cases for multiple attorneys at the firm as well as Joint Defense Groups.
A prominent US-based NPE specializing in IP portfolio management, patent licensing and monetization approached Sagacious IP for custom patent validity searches before assertion of patent rights. Our team helped the client create a custom invalidity search variant with a specific budget and jurisdictional coverage as required. The validity searches conducted were to the point and very well received leading not just to continuous business inflow for us but also helped make the client’s processes efficient and effective.
A patent invalidity or opposition search is conducted to identify patent and non-patent literature which may impact a patent’s claims. Generally, it is performed to invalidate a competitor’s patent.
The cost of professional patent validity or invalidity search ranges from USD 1,500 to USD 10,000.
Patent invalidity search is essential for blocking or invalidating competitors’ patents while also strengthening one’s own patent portfolio.
Companies as well as individual inventors can perform a patent invalidity search in-house or avail services of third-party search vendors.
One can prove patent invalidity by identifying both patent and non-patent documents. A non-patent document can be any publication apart from granted patents or published patent applications. Usually, it includes articles published in renowned scientific journals, newsletters, company websites, conferences, blogs, and press releases.
No, there can be no infringement of an invalid patent since it has no legal force or effect. If a patent is invalid, the patent owner cannot assert any IP rights or claims, and third parties may freely use and commercialize the invention without fear of infringement.
Yes, patent invalidity is considered an affirmative defense in patent litigation. It means that the burden of proof falls on the party challenging the patent rather than the patent owner. The party challenging the patent must present clear and convincing evidence to support their invalidity claim.
Patent infringement occurs when someone, without the permission of the patent owner, uses, makes, sells, or imports a product or process that falls within the scope of the claims of a valid and enforceable patent. In other words, if the invention described in a patent is being used, made, or sold by someone other than the patent owner, that may be considered patent infringement if the patent is valid and enforceable.
A patent may be invalidated after it has been granted for a variety of reasons, such as:
• The invention was not novel or non-obvious at the time the patent application was filed.
• The invention was already disclosed or made available to the public before the patent application was filed.
• The patent application contained false or misleading information.
• The invention is not eligible for patent protection under the relevant laws and regulations.
The outcome of a patent invalidity search can vary depending on the specific circumstances of the search. In some cases, the search may uncover evidence that the patent is invalid, which can be used to challenge the patent’s enforceability in court or before the relevant patent office. In other cases, the search may confirm the validity of the patent, which can provide valuable information for assessing the strength of the patent and developing a legal strategy to enforce it.
A patentability search is conducted before the patent grant to determine whether an invention is novel, non-obvious, and therefore, eligible for patent protection. A patent invalidity search is conducted after the patent grant to determine whether the patent is valid and can be challenged on legal grounds.
No, a patent invalidity search can only provide an assessment of the validity of a patent based on the prior art and other legal factors available at the time of the search. The decision to invalidate a patent ultimately rests with a court or patent office based on a full review of the evidence and legal arguments.
A patent invalidity search should go back as far as necessary to uncover relevant prior art that could be used to challenge the validity of a patent. In some cases, this may involve reviewing patents and other publications that date back several decades.
Patent Invalidation/Invalidity Search for ICT domain
(Information and Communications Technology and related topics)
Patent Invalidation/Invalidity Search for Engineering domain
(Automotive, Mechanical, Electrical and related topics)
Patent Invalidation/ Invalidity Search for Life-Sciences & Chemistry domain
(Biotechnology, Pharmaceuticals, Medical Devices and related topics)
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Sample – Patent Invalidity Search for ICT domain
Sample – Patent Invalidity Search for Engineering domain
Sample – Patent Invalidity Search for LSC domain
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