Objective: to assess validity of a patent by conducting a prior art search
An Invalidity search is conducted to invalidate a patent. Generally, it is influenced by an active litigation/infringement suit. But sometimes, product owners after noticing that they are not free to operate with their product due to the presence of a certain patent also tries to get invalidated the patent so as to freely commercialize their product in the market.
The invalidation search involves locating prior art patents or scientific literature that predates the effective priority date of the patent being investigated. However, it (date to be considered for invalidation) sometimes may differ according to national patents law related to the jurisdiction where the patent is active. The focus is to discover patent and/or non patent literature prior art that can negate novelty and non-obviousness of a granted patent.
We at Intarc have a team specifically trained by the litigation expert for invalidation searches. The team includes professionals from various domains making possible for us employ relevant technical expert on each projects. We have access to the major patent databases like orbit, Thomson innovations etc in addition to the free databases available for more than 250 jurisdictions. We at Intarc employ our translation service expert during the invalidation search so as to uncover results present in non English language assuring us a comprehensive report. In case if required, we also conduct primary and secondary off line searches to take out the blue prints of the products that were available in the market and having the potential to invalidate the claims of the target patent.
Our report for invalidation searches includes a specific mapping of claim elements to the relevant extract from the prior art discovered. Further, the report also includes a technical differences section that assists the client/attorney during the proceedings in the court.
For more information on our invalidation searches/sample reports, please contact us.