Invalidity Search

Invalidity Search

An analysis for understanding the strength of patent claims. A patent invalidity (or patent validity) search can be used to determine the viability of an invalidity defense when facing a patent infringement suit.

Generally, a patent invalidity search is conducted to identify patents or other published prior arts that may render a granted patent invalid and one or more documents has been missed by the patent examiner during the prosecution of the patent application before the patent office. The main purpose of the invalidation search is either to validate the enforceability of the granted patent claims or to invalidate one or more claims of a patent.

We perform exhaustive prior art searches in subscribed databases and provide references that are relevant to the patent that has to be invalidated. Our team, thorough review of the File Wrapper/Prosecution History of the patent so that we have a clear understanding of the Novelty and are aware of any prosecution history estoppel.