Patent Invalidity Search

"Helping in Challenging and Invalidating Competitor Patents"

"An Invalidity Search, also known as a Patent Invalidity or Opposition Search, is undertaken to uncover relevant patent and non-patent prior art. This prior art can be used, either individually (to contest the novelty) or in combination (to contest the inventive step), with the aim of challenging and potentially invalidating the claims of a competitor’s patent during patent litigation.

This search is among the most thorough and critical analyses conducted by patent professionals. Recent analyses suggest that up to half of all patents could be subject to validity challenges. In contrast, a Patent Validity Search is performed to confirm the robustness and enforceability of a patent's claims, supporting its legal defensibility.

Benefits of a Diligent Invalidity Search:

1.  It plays a crucial role in invalidating the claims of a patent in legal disputes, potentially shifting the outcome of patent infringement litigation.

2.  It enables the challenging of a competitor’s patent that may obstruct the utilization and commercialization of a technology, thereby clearing the path for innovation and market entry.

3.  It facilitates a strategic evaluation of a patent’s resilience, which is invaluable during negotiations over licenses and royalty payments. Discovery of prior art closely related to the patented technology can render the patent "weak," affecting its leverage in negotiations. Conversely, the absence of such prior art findings bolsters the patent's "strength," enhancing its value and defensive position.

Effectively, an Invalidity Search not only serves as a defensive tool against infringement claims but also as a strategic asset in navigating the complexities of patent rights and commercialization."