What is Invalidation Search?

What is Invalidation Search?

A patent invalidity search or competition search is conducted to determine patentable or non-patentable action that asserts the novelty and inventiveness of the patent at issue. This search is performed to select files that predate the earliest filing date of the patent. 

When a search is performed to test the validity of a claim, it is called a validity search.

Why you need Invalidation Search?

Patent invalidity searches are conducted for three important reasons: 

  • To see if someone has a bona fide claim to the patent 
  • Overrule claims of patent infringement 
  • To search for patents as new patents come into force
  • The primary purpose of an invalidation application is to uncover a prior art which is forgotten by the examiner. The prior art may further questioned the novelty, non-obviousness, or inventive step of the patent.  
  • The invalidation search is generally done to settle a lawsuit by clarifying the patent’s claims, thereby invalidating the underlying basis of the invention against which the lawsuit is filed.

Centriik’s detailed Approach to Invalidation Search?

  1. The searches are run with filling date restrictions since the term novelty itself indicates that the invention should not be known any time before applying for a patent.
  1. Conducted patent invalidation searches for the last 20 years on the market.
  1. Defining the relevancy criteria is crucial while considering relevant and related references.
  1. Out-of-the-box approach to verify more than simple database lookup.
  1. Divide the relevant prior arts according to the similar or near similar novel feature of invention. Searches are made to see old product brochures and discontinued products, find dukes from witty companies, and examine publications from the early history of the technology used.
  1.  The volume of non-English literature for Invalidation Search should not be neglected or underestimated
  1. Native language capabilities in 16+ languages including CN, JP, KR, FR and DE.
  1. Invalidation Search Report Format: PDF report that includes the final report for the search with relevant prior arts, key features, search strategy, keywords, classes, key assignees, key inventors, and claim charts that map relevant prior arts with the features of claims. A detailed report will help the client to understand the validity or invalidity of the claims in the patent.

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