An Invalidity / Validity search is performed for granted patent in order to check the validity of the patent. The Validity search is performed proactively by Assignees after the patent grant in order to ensure that the patent granted is valid and enforceable. Alternatively, an Invalidity search, for example, is performed by a Defendant in a Patent infringement law suit.
The key objective of the Validity / 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.
At Effectual Services, we have expertise in performing Invalidity / Validity searching. While performing Prior Art / Invalidity / Validity we especially focus on:
1. Making an accurate understanding of the technology of patent and the claims coverage.
2. Accurately defining the novel aspect of the patent based on Specifications and File History.
3. Validating that the prior art located serves as valid prior art under respective regional laws, for example, 35 USC 102/103 for US and Article 54, 56 of EPC.
We have access to industry’s leading patent and non-patent databases which provide us access to the 100+ jurisdictions worldwide:
a. Various Patent databases like Thomson Innovations, Orbit (from QuestelTM) and Total Patents(from LexisNexisTM), Google Patents, Espacenet, USPTO and other regional patent databases.
b. Non patent databases such as IP.com, Google Scholar, IEEE Xplore, CiteSeer, ACM Library, Wiley’s Library, PubMed etc.
Our search strategy is comprehensive and covers a variety of strategies including Keywords based searching, Patent classification based searching for example, CPC, IPC, USC, FI, F-Term based searching; Assignee and Inventors based searching; Citation Search / Spider searching and semantic search.
The invalidity search report includes the details of potential prior art literature (along with bibliographic details) and a mapping of the claims to the relevant text of the prior art literature / references.
Other than English language we have capabilities of searching in native languages such as Chinese, Japanese, and Korean. For more details, please visit the Asian Languages Searches section on the website.
Effectual Services has a team of experienced workforce, consisting of Engineers, Bachelors, Masters and PhDs from varied technical backgrounds, including Computer Science and Information Technology, Electronics and Communications, Electrical, Mechanical, Chemical, Biotechnology, Pharmaceuticals and Life Sciences domain. Many of our team members have a Law degree in addition to the technical degrees making them ideal for Intellectual Property related services.