Invalidity Searches
Validity search is aimed at finding ways to invalidate a patent. A patent can be invalidated on multiple grounds. The grounds to invalidate a patent differ according to the national patents laws of different countries. However, most national laws recognize grounds such as publication of the invention prior to the priority date of the application for patent, prior public knowledge or public working, want of inventive step, failure to comply with the duty to disclose and insufficiency of disclosure. While most national patent laws provide more grounds such as non-statutory subject matter, best-mode, enablement, wrongful claiming and so on, typically it is possible to build clinching evidence to invalidate a patent by targeted art searching, and in-depth analysis of the search results in conjunction with the file history. The analysis of file wrapper or prosecution history is thus a critical component of validity searches. Based on the gaps in the ‘intrinsic' and the ‘extrinsic evidence', the analysis will build a sound argument to invalidate a patent.
Trained by well-credentialed patent attorneys who have prosecuted large number of patent applications globally and also handled patent litigations, our search and analysis team offers high quality services in this area.
Case Study - Invalidity Searches
To establish the legality of an issued patent, to take up a defense in an infringement suit or to facilitate assignment or licensing, a validity search is required. The claims of the patent in subject are compared with prior art references published before the filing date of the same....... Read More...
