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IPQuads award-winning Patent Invalidation/Invalidity Search service enables you to identify patent and non-patent documents that may impact the validity of claims of a patent. Our unique methodology not only helps you quickly identify relevant prior arts but also delivers the information you seek, structured as per your unique legal and technical requirements, enabling you to make quick IP decisions.
What is Invalidity Search?
A patent invalidity search (or validity search) is a focused prior art search for any type of article, data, publication, product, patent or non-patent literature made available to the public prior to the effective filing date (or priority date depending on the case requirements) of the patent in question.
The primary objective of an invalidation search is to identify any patent or non-patent document that affects claims of the subject patent and subsequently enable you to challenge the novelty aspect and the obviousness (or inventive step, i.e. finding if a claimed invention is obvious to a person having ordinary skill in the art) of the patent in question. In this aspect, an invalidation search becomes similar to other prior art searches and especially Patentability or Novelty Search, however, it is distinguished in its scope for narrowness and aim for finding relevant prior art targeted at the claims of the patent in question.
The alleged party (who is suspected of infringement) can utilise the invalidity search to invalidate or cancel the patent in issue, rendering the infringement charge unfounded. Invalidity searches can assist in invalidating patent claims by demonstrating that they are not innovative or obvious in nature, or that they fall under legislative exclusions, or by giving sufficient evidence of previous art, and the patent in issue will be revoked as a result.
In the case of a patent infringement claim, the accused party might utilise the invalidity search to prove that their invention is original and non-obvious in nature, and so does not infringe the patent.
Patent strength can also be determined by conducting an invalidity or validity search. The strength of a patent is established by an invalidity search report declaring that the claims of the invention are innovative, non-obvious, and do not fall under any legislative exception of patents. This increases the patent's value.
The greatest proof of a patent's strength is a patent grant certificate accompanied by an invalidity search report declaring that the invention's claims are innovative and non-obvious. A patent is more likely to provide more value through licencing if it is immune to infringement litigation and has a higher degree of originality and inventive step (non-obvious in nature), and it is less likely to be challenged after it is granted on the basis that it fits under the statutory exclusions.
When it comes to weakening rivals' patents, a patent invalidation search is a powerful tool. Invalidity searches determine not only whether the claims of a granted patent are non-novel and obvious in nature, but also whether the invention was already in use, available for sale, or exhibited to the public more than twelve months prior to filing the patent application, or whether the patent was obtained incorrectly or fraudulently.
The major goal here is to find previous arts and facts that were neglected by the patent office during the prosecution of the invention, which has the ability to destroy rivals' issued patents, clearing the competitive business field.