Monday, 27 September 2021

What Are The Patent Validity Search and Invalidity Search Services for Business?

 

Do you know why businesses take patent invalidity/validity search services? The patent invalidity search services are performed for businesses that want to defend themselves from licensing, infringement, or some other scenario. This kind of search also helps businesses at the time of acquisition and mergers and valuation or licensing.

Now let us know what Patent Invalidity Search is.

The patent invalidation mainly deals with insightful analysis of all the relevant documents before filing the granted patent. The procedure indulges related prior art documents to invalidate granted patent. Patent invalidation is mainly utilized as a defensive tool when an organization is concerned about the infringement of a specific patent. There are various circumstances for which an invalidation search needs to be performed. 

In some scenarios, if a patent infringer is endangered, the infringer might opt for invalidation to overcome the damages enforced on the infringer. But, in other cases, the patent owner might refuse to license the patent for a different reason. Some other individuals taking licenses might aim to invalidate the patent to use the invention. There are various circumstances due to which invalidity study is essential.

With the help of invalidity patent study, organizations can unveil issued patents and published prior art, which might create an issue for a patent to be partially or completely invalidated. A patent invalidation study is conducted to limit the patent's scope and cause the granted patent to be invalid. Additionally, this search involves a strict timeline as prior art documents are dated before filing patent data. 

How is the report of Invalidity Search Formulated?

Most of the invalidation study reports mainly consist of a claim mapping chart, a comprehensive techno-legal analysis of mapping one or more patent claims to a specific product feature, technical details, or another technical document. The claim mapping incorporates the procedure of assessing every independent claim and mapping elements of the independent claim to prior art documents.  

Once independent claims are mapped thoroughly, the mapping of some related dependent claims and whole patents is mapped, which incorporates description and diagrams. Some non-patent literature, including technical documents and journals, are also evaluated to check any related prior art documents.

The invalidity search provider company strategizes the searches as well as reports. All the invalidation cases are processes using applicable strategies, and patents might get invalided as per different aspects. Some ground invalidation incorporates:

  • Content inconsistency within the document of the patent.
  • Claiming for a subject matter presented in the prior art.
  • Getting a grant for the invention which does not match eligibility criteria.
  • False data present in a patent.
  • Claims do not describe invention clearly.
  • Absence of complete invention disclosure.

What is Validity Search?

The validity search is performed for various reasons. In a few cases like acquisition or merger or licensing patent portfolio, a patent validity study is performed to know the portfolio's strength or patent's validity and strength. Also, a validity search can be done in IP Due Diligence cases. Suppose a company wants to acquire some other company and patents from some assets of the company. In that case, a patent validity search is performed to check the patents of the company and the complete valuation of the organization. 

Conclusion

Whether you want to get patent invalidity or validity search services, you can rely on Ingenious e-Brain solution, an Intellectual Property search provider company with highly experienced analysts. They possess in-depth experience in offering IP services with complete analytics.

 


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