Invalidity Search

Invalidity Patent search is also known as ‘knock out’ patent search. This search is conducted to invalidate the independent claims of competitors. If independent claims get invalidated, the dependent claims automatically get invalidated. A Patent invalidity search is a prior art search conducted after a patent has been granted to invalidate the patent’s claims on the basis of novelty, obviousness, and/or inventive step.

The most common cause of invalidating a patent is its power to abstract one’s commercial activities. It is mainly done by the defendants in cases of Patent Infringement. It is basically research of a patent where there is already litigation and a case against the patent has been filed to invalidate the patent application.

OBJECTIVE

1. Validity Search determining prior inventorship 

2. Validity Search determining rights to a technology

3. Validity Search determining to cut down competition

4. Validity Search determining patent strength for licensing negotiation.

In the case of an Invalidity search, it is done on both the Patent Database as well as Non- Patent Database. The search is done on a global basis as novelty and non-obviousness are the criteria to be examined in such cases.

TYPES OF SEARCHES

1. Advanced keyword- This search uses specific technical terms, synonyms, and Boolean operators to locate prior art related to a patent's claims. Filters like date ranges and classifications refine the results. It ensures a targeted approach to identify documents that challenge novelty or inventive steps.

2. Citation Search-Backward citations reveal prior art referenced by the patent, while forward citations identify subsequent patents citing it. These connections help uncover overlooked prior art. It broadens the search scope, making it critical for invalidity analysis.

3. Inventor-based Search targets patents or publications by the same inventor to uncover earlier disclosures. It can reveal prior works that challenge the novelty of the disputed patent. A thorough review of the inventor's portfolio often identifies key prior art.

4. based search approach examines patents owned by the same assignee, revealing overlapping technologies and earlier filings. It helps identify potential prior art within the assignee's portfolio. It's also useful for analyzing weaknesses in related patents.

5. Logical search- Logical searches use operators (AND, OR, NOT, etc.) to create precise queries combining keywords, classifications, and dates. This method ensures comprehensive and focused exploration of prior art. It’s essential for identifying highly specific invalidity evidence.

Invalidity patent search is done on the request of the Company or an entity, to cut down competitors by invalidating the application. It is mainly conducted by a professional patent researcher. Based on the Patent Invalidity Search, a patent attorney prepares a report known as the ‘Patent Invalidity Search Report’ [PISR]. This report acts as evidence when a patent infringement case is filed, to prove that the application should not be granted.Assignee-