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A patent invalidity search is a targeted search for prior art, which includes any published data, including patents, non-patent literature, data, or publications, that are accessible to the public prior to the patent’s effective filing date or priority date that can demonstrate the lack of novelty and obviousness/inventive step. The basic goal of the search is to either verify the legitimacy of its enforcement (validity check) or to challenge its claims (invalidity check). This search is also commonly performed to evaluate the strength of a patent and determine how well it can withstand validity challenges.
Invalidation can be pursued in various proceedings within the domain of intellectual property, such as Patent Trial and Appeal Board (PTAB) proceedings, Inter Partes Review (IPR), International Trade Commission (ITC) cases, Covered Business Method (CBM) reviews, and Post-Grant Review (PGR) processes.
The primary goal of a Patent Invalidity or Patent Invalidation search is to uncover any relevant prior art that may have been missed by the examiner and could potentially demonstrate the patent’s invalidity, ultimately killing the patent.
Three important reasons why a patent invalidity search is conducted are:
Invalidity or Patent invalidation search can also be considered as the extension of the prior art search as this search focuses on the language as well as comprehensive concept and idea.
A Patent Invalidation search helps you uncover relevant prior art to challenge the validity of a patent. It serves as a defensive strategy when a client is worried about potentially infringing a particular patent, especially in response to a competitor’s infringement lawsuit.
The patent invalidation search is performed to limit the scope of the patent in question and may result in the invalidation of a previously granted patent. Patent invalidation search assists clients, when they need to defend their case against infringement and licensing.