A patent invalidity search to a published / granted patent
A patent invalidity search is a search for information that might help invalidate a patent or oppose a patent application during its observation or opposition period.
An invalidity report
Our mission is to help a company or its patent attorneys to find published documents that might be used as arguments against the validity of an existing patent or published patent application.
You will need to send us the patent number and possibly describe the specific claims you would like us to invalidate. Many clients already tried to search for information and all the information you could provide might help us during the patent search.
We will try to locate documents that were published before the priority date of the patent or patent application.
Invalidating a patent is a complicated task of understanding the examination report and arguments already stated by the examiner in the relevant patent office. Other actors were also possibly involved in the process and our skilled patent engineers should be able to analyze the information available on the prosecution files and create a search strategy that has the potential in finding documents that were not found by others before or during the process.
Why do a patent invalidity search?
There could be many reasons to conduct a patent invalidity search. A company might be aware of a potential infringement to a patent found during a Freedom to Operate search, patent watch or is already threatened by a competitor with legal action. You might be in the process of buying a patent portfolio, or mergers and acquisitions (M&A). In that case it is important to conduct an IP Due Diligence. Conducting an invalidity search during this process will help evaluate the patent or patent portfolio’s strength and value. You might even want to control the strength of your own patent or patents prior to a potential business transaction or legal action.
Ordering an invalidity search
As this is a complicated and time-consuming process, we will normally need 10 working days to send you our report. An expedite search is possible to meet your deadline but you will need to contact us to confirm the delivery date needed.