About the service
Patent Invalidity search is an exhaustive prior art search conducted after patent issuance. The main goal of undertaking a validity/invalidity search is to find patent and non-patent documents (NPLs) that might impact the claims included in a specific target patent. Typically, in a patent litigation case where a competitor accuses an entity of violating their patent, a standard defence is demonstrate to the honourable court that the suit/target Patent itself is invalidate and improperly issued by the Patent Office, for which exercise, a patent invalidity search is carried out to determine the target patent strength and whether it is challengeable. A search for patent invalidity or validity is also typically carried out to evaluate a patent's strength and ascertain how effectively it can resist challenges to its validity. In actuality, it is possible to state that the main goal of invalidity/validity searches is to confirm that a patent's claims are enforceable.
Invalidity search methodology
Following steps are performed for Invalidity Searches :
Step 1
Understanding the Subject Patent
The first step is clearly understanding the target patent to be validated/invalidated, including its claims, scope, description, figures, etc.
Step 2
File Wrapper Analysis
Reviewing the target patent's file wrapper or prosecution history to gain insights into the examiner's considerations, amendments, and rejections, etc.
Step 3
Relevant Keyword Identification
Identifying relevant keywords for conducting efficient patent searches. We begin by listing keywords and phrases that describe the patent claims, including synonyms and related terms.
Step 4
Relevant Patent Class Identification
To narrow down our search and target the right patents, we identify relevant patent classes or classifications. Patent classification systems categorize inventions into specific classes and subclasses based on their technology and application.
Step 5
Date Criteria
In the context of an invalidity search, we limit our search to patent and non-patent references that have publication dates preceding the priority or publication date of the subject patent.
Step 6
Using Patent Databases for Patent Search
We utilize various patent databases to access a vast repository of patent documents. We use databases like Orbit, Patseer, Derwent Innovation, Google Patents, Espacenet, USPTO, WIPO, etc. for patent searches.
Step 7
Preparing an Efficient Search Strategy
Combining the identified keywords and patent classes to create an efficient search strategy. In addition, we consider the following advanced search techniques Citation Search, Similarity Search, Assignee & Inventor Search and Sematic Searches, etc.
Step 8
Performing Open Search Using Search Engines for NPL (Non-Patent Literature) and PL (Patent Literature)
In addition to patent databases, we consider performing open searches using search engines for both non-patent literature (NPL) and patent literature (PL) related to the subject patent.
Step 9
Claim Mapping
Mapping the claims of the target patent to the references and prior art found during the search. Clearly mentioning areas where the claims overlap or differ from the prior art.
Step 10
Report Preparation
Lastly, compiling the search results, including relevant patents, file wrapper information, analysis of references. We present findings in a comprehensive report, including visual aids such as charts, graphs, and claim charts, if necessary.
Why Choose us?
At Effectual Services, we understand that patent searches are a critical step in protecting your intellectual property and making informed decisions. Here's why you should choose us for your patent search
Expertise
Our team consists of experienced patent researchers and professionals who are well-versed in the intricacies of patent law and the nuances of patent searches. We have a proven track record of delivering accurate and comprehensive results.
Tailored Solutions
We offer personalized patent search services tailored to your specific needs. Whether you require a validity/invalidity search, a patentability search, or a specialized search like a chemical structure search, we can customize our approach to meet your objectives.
Comprehensive Databases
We have access to extensive patent databases and cutting-edge search tools, ensuring that we can efficiently and effectively search for relevant patents and prior art.
Accuracy and Thoroughness
Our commitment to precision means that we leave no stone unturned in our searches. We meticulously analyze patent documents, ensuring that you receive the most relevant and up-to-date information.
Confidentiality
Your intellectual property is of utmost importance to us. We maintain strict confidentiality throughout the search process, safeguarding your ideas and innovations.
Cost-Effective
Our services are competitively priced, and we offer transparent pricing structures. You can trust that you'll receive exceptional value for your investment.
"A high-tech team does the following searches every year"
600+ Invalidity/Validity searches
Contact Us NowCase Study
Electronics & Communication Domain
Once in a patent litigation scenario, a technology company (Electronics & Communication Technology) faced allegations of patent infringement. They approached us to perform an invalidity search to challenge the validity of the plaintiff's asserted patent. We conducted a thorough search, our search uncovered prior art that questioned the novelty and non-obviousness of the patent, leading to a favourable outcome in the litigation. This case highlights the importance of comprehensive invalidity searches in defending against patent infringement claims. The client was quite impressed by our results.
Mechanical Domain
Upon receiving a client's request for innovative solutions and the need to navigate effectively in the competitive field of mechanical engineering, we conducted a thorough invalidity search. Our goals were twofold; assessing the legitimacy of current mechanical patents and identifying potential avenues for innovation. Employing sophisticated search techniques and patent databases, the investigation revealed numerous patents with vulnerabilities, presenting opportunities for the client to circumvent existing intellectual property limitations. The outcomes not only confirmed the legitimacy of the client's current mechanical portfolio but also offered strategic insights for future product development. This case study highlights the effectiveness of a well executed invalidity search in advancing success within the dynamic landscape of mechanical innovations.
Pharmaceutical Domain
A client of pharmaceutical company approached us to perform a validity search in ensuring the integrity of biomedical research. We conducted an exhaustive validity search, meticulously scrutinizing existing literature, experimental methodologies, and statistical analysis. This comprehensive investigation not only confirmed the authenticity but also revealed potential confounding factors that had been overlooked. The study underscored the importance of rigorous validity searches in the life science domain, serving as a pivotal step in fortifying the foundation of scientific knowledge and guiding future research endeavors. Our comprehensive analysis led to the creation of a detailed review report, summarizing findings, providing an assessment of the accuracy and validity, and offering recommendations to the client. The client expressed satisfaction with the quality of our work.
Client testimonial
FAQ
An invalidity search is performed to check the validity of patent's claims.
For the party (Defendant) who is being sued, a search is done for invalidation. In an attempt to evade paying damages and/or facing an injunction, the defendant seeks to invalidate the patent at issue in the patent case. On the other hand, in certain situations, the Patentee/Assignee performs their own patent validity search to assess the strength of their portfolio or the likelihood that the patent will be upheld in enforcement proceedings if/when a lawsuit is filed. The steps for performing a patent validity search and an invalidity search are similar. The only difference lies in the fact that which party is interested in getting the search done.
- A patent invalidity search is generally requested by an alleged infringer to get away with the infringement lawsuit.
- On the other hand, a patent validity search is requested by a patent holder to check the validity of the claims.
A file wrapper/ Image file wrapper or a file history contains all the details related to the patent application process during prosecution. It includes communication between applicant and examiner, rejections, amendments, Prior arts, examiner search strategy etc.
Yes, if the cited reference in the file wrapper is not discussed during the prosecution, then we can use it as prior art.
File wrapper analysis is very important for Invalidity Searches, as it is said to treat a patient you really should know the historical backdrop of the patient, same rule applies for an exact evaluation in IPR. File wrapper analysis provide all the information during the prosecution of patent application. Apart from this, it also provide search strategy used by examiner and the closest prior art. With this one can have a better understanding of the novelty of the subject patent.
Validity Searches
Prior-Art Searches
