To make your patent invalidation effective, it is critical that you have a decent understanding of the patent and know what prior art you are looking for. Before taking any kind of action, get a quick overview of the patent, and understand its prior art disclosure situation.
Quick Key points to note:
What is a Patent Invalidity Search?
- In general, patent invalidity search is usually performed to validate a patent’s claims or to invalidate the claims of a competitor’s patent.
- Patent invalidity search is typically one of the initial steps taken when confronted with a patent infringement suit.
- Patent invalidity search is an extensive prior art search that is conducted after the issuance of a patent.
- Patent invalidity search is different from a regular prior art search because the overall idea or invention is not the point of the search. Instead, a patent invalidity search concentrates on the claim language used.
- Patent invalidity search process facilitates challenging another person’s patent or helps with defense preparation against a patent infringement allegation.
How to Perform a Patent Invalidity Search?
- Establishing the priority date of the claims of the patent in question.
- Identifying relevant keywords and classifications.
- Understanding the invention and its scope.
- Formulating keywords along with patent classification.
- Conducting an exhaustive search.
- Analyzing the retrieved results.
- Prioritizing relevant prior art.
- Preparing claim charts.
- Preparing the Invalidity Search Report.
In conclusion, a Patent Invalidity Search is a powerful tool for assessing the validity of a patent’s claims, particularly in the context of patent disputes or infringement lawsuits. By focusing on the specific language of the patent claims rather than the invention itself, this search helps uncover relevant prior art that can challenge or invalidate a patent. Proper execution of a Patent Invalidity Search involves a clear understanding of the patent in question, a meticulous approach to identifying key keywords and classifications, and an exhaustive search for relevant prior art. Whether used for defending against an infringement accusation or attempting to invalidate a competitor’s patent, this search provides essential evidence that can significantly impact legal outcomes and business strategies.
– Km Alka | Patent Consultant