Validity Search/ Invalidity Search

Objective: Patent validity or invalidity search are exhaustive searches conducted for a variety of objectives. For example, if you are interested in patent valuation to purchase or licensing in/out of a patent, then validity search will help you to assimilate the validity of a granted patent. In another case, if you have been accused of infringing a patent, then invalidity search may rescue you with invalidation of the infringed claims. In both the scenarios, the objective is to check the enforceability of one or more claims of a patent.

When to Conduct a Search: The search can be conducted at the any time after the grant date of an in-force patent. Active businesses track the patent publication journals and initiate the validity searches for the published patent application before filing a pre-grant opposition.

Advantages:

1. In case of licensing, buying or selling of a patent, Patent Valuation is carried out, which in turn is dependent on the validity of the patent.

2. A person may file request for re-examination or post-grant opposition in order to invalidate or reduce the scope of the claim with the patent office to escape infringement proceedings.

3. A positive report on validity of the patent may increase the valuation of your patent.

4. A negative report on validity of the patent may affect the enforceability of the patent and hence, provides relief to you from being infringing the patent.

Contact us at mail@filemypatent.co.in to engage us for conducting validity/invalidity searches.