InvaliditySearch is conducted by the clients to secure the inventions from getting sued by the patent-holder in the same invention and further can be used to negotiate the licensing fee or for payment of royalty for the patent in-force.
Invalidation Search is to provide prior arts (Patent and Non-Patent Literature) that match the one or more claimed elements of the subject patent. The search is conducted in keeping mind about the date limitations of the subject patent. The report is presented in such manner that it becomes easy for the attorneys/clients to map their invention with the available prior-arts.
A Patent Validity Search or Patent Invalidity Search, in simple terms, can be defined as an elaborate Prior-art search conducted in order to check whether a patent is novel or just a blatant copy of any non-patentable material or patents issued to other inventors in the past.
The main objective of the search is to find out whether the patent in question has intentionally or unintentionally violated the intellectual property rights of any patent issued in the past.
Since the basis of the search is to try to invalidate the patent by proving it to be non-inventive, all the patents having their earliest priority date before the earliest priority date of the patent in question are rigorously analyzed.
Objective for Invalidity Search:
Patent Invalidity Searches are mostly performed by the assignees of the patent with the aim of
(a) Reaffirming the validity of their patents
(b) Protecting themselves against potential future litigation’s by identifying present unintended patent infringements
(c) Having all the facts in order before issuing patent licenses
They are also performed by third parties in order to
(a) Aid in litigation against any issued patent
(b) In force their licenses on an infringing patent