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.