Patent validity search is conducted after the patent application is granted, and the owner of the patent wants to file an infringement case against the potential infringer. All patent acts have a disclaimer disclaiming validating or guarantying of the search and examination by the examiner. Therefore, to recheck and confirm the grant is correct, patent validation search is conducted. It’s similar to patentability search but with restricting date to cite documents published before the date of filing. This is done to double check and negate any possibility of revocation of the patent in future. Patent Invalidation search is conducted when an owner is about to file patent infringement case against the infringer and want to double check and negate any possibility of revocation of the patent. Also, invalidation search is conducted when you are a defending in an infringement case, and you need to invalidate the patent that is in issues to get off this case quickly.
A patent invalidation search is a comprehensive search performed to find prior art or evidence that may invalidate a patent. The objective of the search is to identify any information that may prevent the patent owner from asserting their exclusive rights over the invention.
The invalidation search process involves several steps:
- Identify the patent to be invalidated: The first step is to identify the patent to be invalidated. This can be done by reviewing the claims of the patent and determining the scope of protection that the patent owner is seeking.
- Search for prior art: Once the patent to be invalidated is identified, a search for prior art is conducted. Prior art refers to any publicly available information that predates the filing date of the patent application. This may include published patents, patent applications, scientific literature, trade journals, conference proceedings, and other relevant sources.
- Evaluate the prior art: The next step is to evaluate the prior art that has been found. The objective is to determine whether the prior art is relevant to the patent in question and whether it can be used to invalidate the patent.
- Identify potential invalidity arguments: Based on the prior art identified, potential invalidity arguments are developed. These arguments may be based on novelty, non-obviousness, or other legal grounds for invalidating a patent.
- Draft an invalidity opinion: Once the potential invalidity arguments have been identified, a legal opinion is drafted that outlines the arguments and provides an assessment of the likelihood of success in invalidating the patent.
- Consider filing an invalidity petition: If the invalidity opinion suggests that there is a reasonable likelihood of success in invalidating the patent, a petition to invalidate the patent may be filed with the relevant patent office or court.
Overall, a patent invalidation search is a complex process that requires a detailed understanding of patent law, patent search techniques, and the ability to analyze and evaluate prior art. It is typically performed by patent attorneys, patent agents, or specialized search firms who have the expertise and resources to conduct a comprehensive search and provide a reliable legal opinion.
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