Patent Validity and Invalidity Search
Validity and Invalidity searches are similar and the purpose is to validate or invalidate the enforceability of claims in a patent. It is a confirmation to the applicant that the patent can withstand litigation and its validity is undisputable, and no claim can be raised on the basis of prior public use or a prior invention.
A validity/ invalidity search is conducted when litigation concerning infringement of patent is in the offing. The search looks for particulars of prior art that the Patent Office failed to spot and thereby ascertain that the subject claim should have been disallowed as the invention was already in the Public Domain at the time the patent for prior art was filed. Documents that can reduce the claim for one or more granted patents can be found by way of patent validity search.
Scientific and Technical journals, Catalogues, Brochures and Compendiums, Inventor's Web Page and Computer-Based databases are the various sources that can be used to conduct validity/invalidity search. USPTO Office or state libraries can be freely accessed for conducting the search.
In order to perform an effective invalidity and validity patent search a team of learned and experienced attorneyâ€™s is an essential. It becomes a necessity if you are being sued for patent infringement to prove that the patent which is so claimed to be infringed is not a valid patent itself. Experienced attorneys would be in a better position to perform this search as their experience would have further refined their skills needed for such a search. We at Biz & Legis assure to provide you effective services in this regard.