The validity search is performed by assignee/plaintiff after the grant of a patent to ensure that the patent granted is valid and enforceable whereas an invalidity search is conducted by a defendant to invalidate a patent by conducting prior art search. The key objective of the validity and invalidity search is to unearth prior art that was likely missed by the patent examiner during the prosecution stage, which may potentially question the novelty or non-obviousness of the reference. An invalidity/validity search involves conducting a thorough patent and non-patent literature search to identify prior art references predating the earliest filing of the patent.
- Making an accurate understanding of the technology of patent and claims coverage
- Accurately defining the novel aspect of the patent based on specifications and file history
- Validating the prior art under respective regional laws such as 35 USC 102/103 for US and article 54, 56 of EPC