Invalidity / Validity Search
Invalidity searches are a defensive tool used when there is concern about litigation regarding a particular patent.
An invalidity search seeks to uncover patents or other published prior art that may render a granted patent invalid. Invalidity search results consist of a search report, a claims mapping chart, and electronic copies of the prior art cited.
Uses
- Invalidate blocking patents
- Due diligence regarding a patent, a patent portfolio, or a pending patent application
Coverage and Outcomes
- The search scope includes patents, published patent applications, and appropriate non-patent literature.
- The result of an invalidity search is to identify prior art, published before the earliest priority date of the target patent, with the goal of finding specifications that read on the claims of the target patent.
- Typical delivery is within 5 to 7 business days.
Specifications Needed
- The target patent number (that is, the patent for which invalidation is desired);
- The earliest priority date for the target patent;
- The specific claims that are sought to be invalidated;
- Any known related art (often the results of earlier searches); and
- Any additional information regarding litigation that will assist in guiding the searcher’s strategy.