Patent Validity Search (Invalidity Search)

A Validity Search is used to determine whether a patent can be invalidated because the invention was not novel and inventive when the patent was granted. For this reason, a Validity Search is also known as an Invalidity Search.

How is a Validity Search different from a Patentability Search?

A Patentability Search is conducted before you take out a patent to establish the novelty of the invention. A Validity Search is carried out once a patent has been granted to test whether the invention truly satisfied the novelty provisions of the patent application process. If prior art can be discovered that was missed during examination by the Patent Office, the patent can be invalidated.

When to use a Validity Search

There are 3 situations in which a Patent Validity Search is typically used:

Invalidate Patent Infringement

If you have been sued for infringing a patent, you can use a Validity Search to try to invalidate that patent. Attending negotiations with a plain envelope containing invalidating prior art always helps you convey an air of confidence.

Prepare for Patent Enforcement

Before you sue someone for infringing your parent, you should carry out a Validity Search to confirm the strength of your legal claims before you start incurring massive legal fees. A Validity Search can validate enforceability or identify previously unknown prior art that might be problematic to your defence.

Prior to Patent Licensing

Before licensing technology, you should conduct a Validity Search to see whether the licensor has a legitimate claim to the patent. Similarly, a Validity Search can confirm your patent claims and potentially increase the fees you charge for licensing your technology.

Why you need confidence in your Validity Search

If you have been sued for patent infringement, and prior art exists somewhere in the world, you want to discover it. If you're about to sue for patent infringement, you want to be absolutely sure the accused won't have a leg to stand on. An effective Validity Search could save you millions. Filament offers a superior Validity Search for 3 reasons:

  • Scope - we search a wider range of prior art
  • Systems - we can search more prior art more efficiently
  • Skill - our experience gives you greater confidence in the results.

Learn more about Searching

Learn more about our other Patent Search services or contact Filament today to discuss your Validity Search requirements.

determine if a patent can be invalidated