Patent Validity/Patent Invalidity Search

A validity patent search will determine whether a patent will withstand attack in litigation.

A validity search report validity /invalidity search provides all relevant prior art that are not cited by the examiner, yet potentially reads on the claims and valid enough to challenge the issued patent, which may be used to prove the validity/invalidity search validity or lack thereof of a patent already obtained.

Also, a validity patent search determines how useful the patent is

The image is an excerpt from a patent which was granted by the US patents office.

If you obtain a grant of patent, this is what the cover sheet will look like

Also, a validity patent search determines how useful the patent is in licensing negotiations.

A prospective licensee may want to conduct a validity patent search to determine the strength of the patent. Upon receiving the results, the licensee can then adjust its minimum royalty payments according to the findings before entering into the license agreement.

The search team together with the client requirement, study the subject patent to frame the key features and search strategies to find the patent references. The claims of the patent references are studied and mapped in light of the key aspects of the subject patent. Invalidation search is mainly used by company/patent attorney to invalidate an in-force patent, thereby allowing the company to practice that technology without paying the royalty and can be used to negotiate licensing fee against the in-force patent.

The final out put consists of:

A) Element by element break up of the given patent in one Column of excel.

B) Prior art anticipating most elements of the given patent in adjacent Column.

C) Mapping how each element is anticipated.

D) Claim chart analysis of at least three close patent (if able to find out).

E) Through Quality check by changing the strategy in various degrees.

F) All search strategies used will be given.

G) All patents that are gone through will be provided with links to USPTO.

H) PDF of closest patents are provided.

The Grounds to Invalidate a Patent Based on Prior Art

The grounds to invalidate a patent differ according to the national patent laws of different countries. However, most national laws recognize grounds such as publication of the invention prior to the priority date of the application for patent, sales of the invention, prior public knowledge, or prior public use. An exhaustive prior art search will be directed at each of these separate sources of prior art.

Proof of Prior Art-based Invalidity is the First Line of Defense

Proof of invalidity based on prior art is the first line of defense when confronted by patent infringement allegations. Some of the largest law firms and corporations in the U.S. have hired PSI to conduct a Patent Invalidity Search. We help invalidate patents by uncovering prior art that other firms cannot find.

aravind@patentservicesindia.net
917-508-8816