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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