Monday, 16 August 2021

Why do you need a patent invalidity search?


 An extensive Prior Art Search is performed after patent issuance to examine whether a patent can be proved inaccurate or invalid because the invention was unable to stand true in terms of the basic patentable requirements like novelty, non-obviousness, etc., the time of patent grant. The prior art is evidence that claims that the invention is already known. This search of finding out is referred to as the patent validity or invalidity search. The primary focus of the search is either to check the validity of its enforcement or to invalidate its claims. The search is basically performed because of these three basic reasons:

  • To invalidate patent infringement.
  • To search for the same patents before any new patent enforcement.
  • To check whether the licensor holds an authentic claim to the patent.

An opposition member claiming the invalidity might use these invalidity search results to damage the patent by litigation or applying to the ruling court. When threatened by accusations of patent infringement, prior art-based proof of invalidity art is the initial line of defense. Eminent firms and corporations are eagerly consulting Ingenious e-Brain to discuss all these searches.

Patent Validity Prior Art Search

Before licensing, selling, or buying a patent, a prior art search must be authorized by the client or any relevant search firm to examine the validity of the idea behind the invention and verify that the patent is enforceable. Taking an idea about the background and knowledge about the market before patenting will give the inventor and its invention a powerful negotiating stance.

Patent Invalidity Search

It is an extensive all-out search attack that checks for a complete patent infringement lawsuit. Invalidating a patent may differ according to different territorial regions and national governing laws imposed in that area. The most common claims accepted by the governing laws are the publication of the invention before the priority date of the petition for a patent, sales of the invention, prior public knowledge, or prior public use. In these cases, an exhaustive prior art search will be directed at each of the separate sources of the prior art.

Prior art sources like issued patents, published patent applications, and non-patent literature is the most common sources, although the patent art reservoir is magnificent storage. Physical pictures, examples, brand names, and even sale evidence fall under prior art sources. The search approach differs from one technical subject area to another.

Patent Invalidity Search by Ingenious e-Brain

  • We are performing a patent invalidity search for the last 09 years in the market.
  • An out-of-box approach that demonstrates a lot more than simple database searching.
  • The intensity of the search depends upon the time and budget of the client.
  • Searches are done to inspect old product brochures or out-of-date products, locate dukes of resourceful organizations, investigate trade show discovery from the beginning of the history of the technology used, and for a lot more.

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