Patent Validity/Invalidity Search – Be Sure Either as Defendant or Prosecutor
Our first step is to identify a reason of allowance of the subject patent by reviewing the prosecution history. Our aim is to search for reference, either an individual or in combination, destroying the claims of the patent. We search in various databases such as patent, non-patent, standard documents, documents submitted during the meetings, rejected documents and videos, tutorials, and conference materials.
When you get an IP infringement notice from a patent holder, it is not necessary that you should get IP license of the infringed technologies or pay the settlement money. However, you can take defensive action from your side, and prove the infringement lawsuit invalid. Search for the prior arts available before the priority date and invalidate the patent claims.
If you are going to file a patent infringement lawsuit against an infringer or strategizing IP monetization or sales plans, then you should check the validity of your patent claims. For this, you can do patent validity search.
OUR COMPLETE PROCESS FOR PATENT VALIDITY/INVALIDITY SEARCH
- Creating keyword list related to different elements of the patent: In the initial discussion sessions with the client, we thoroughly understand all the elements of the patent, and create a keyword list.
- Cooperative Patent Classification (CPC) and class selection: There are four major classification systems – USPC, ECLA, WIPO, and IPC. We thoroughly study search results of the keywords and their synonyms, and select the appropriate classification system and class.
- Finding and studying patents w.r.t the selected classification: Based on the selected classification, we search a list of patents, pending IP applications, and perform a detailed study on them.
- Exploring national and other online databases: Using the keyword list, we search for patents in the national and other online IP databases such as Google Patents, Total Patents, Orbit, Thomson Innovation, IP.com, Patent Lens, FreshPatents.com, PatentMax, PatBase, Delphion, PatentScope, Patent and Trademark Depository Libraries, etc. We also study online blogs, latest IP news, and social media content related to the elements of the invention.
- Generating complete validity/invalidity report: Based on the above findings, we check the prior arts before the priority date of the patent and do claim mapping. The validity/invalidity report helps client to invalidate the infringement lawsuit and save thousands of dollars.