Everything You Need To Know about Patent Invalidity Search - Explained

Posted by Albert Jack on April 27th, 2019

Patent Invalidity/Invalidation otherwise called Opposition Study or Patent Validity Study. This is frequently done by arguing with the patent authorities that the claim(s) of the Patent to be Invalidated (PTBI) at the season of filing was not novel or self-evident.

The goal of Patent Invalidity Search is to invalidate or cancel an effectively registered/ granted patent cases or for a pre-grant opposition of a distributed patent application claims.

Patent Invalidation is adroitly like Patentability Study, with respect to the project, successfully a Patentability study is being done before the date restriction of PTBI's filing date.

Commonly one would expect that invalidations are close unthinkable projects since granted patents have just been investigated by master patent examiners for novelty as well as non-obviousness. In any case, this logic fails the trial of time as the advancement of databases as well as electronic publication of old writing has prompted beforehand unpublished relevant documents being electronically accessible and available now that can form the premise of invalidation.

Case Study

A company XYZ sees that their competitor company PQR is controlling a various SIM card technology invention by prudence of patent rights in India and making tremendous benefits because of the product bearing the innovation. The company completes a invalidation study with the aim to invalidate the said patent as well as end company PQR’s control in the various SIM card product market. The study revealed a Korean language technical paper, which mapped onto the features claimed in the Indian patent written in English. After the document submission as well as verified translation of the Korean literature to the court, the patent was effectively disavowed, in this manner, removing monopolistic privileges of company PQR over the patented invention.

Suggested practices while doing Patent Invalidation Search on Patent Database Platform

• Date Restriction: Prior to the filing date of the PTBI – Since the searches are hurried to situate prior art usually distributed before the filing date of the patent, a date restriction is determined to the search appropriately. Now and again, at least one of the cases of a patent have a need date later than the filing date of the PTBI. In such cases, the date restriction will be before the need date of the case.
• Jurisdiction Restriction: None – Since the novelty and non-obviousness criteria for the PTBI at the time of filing is supreme and over the globe
• Document Type Restriction: None – Again, it is significant and fascinating to take note of that even a non-formal reference, for example, a comic strip can be utilized to demolish the patentability of an invention. (Supposedly, Science fiction motion picture scenes have been utilized for invalidation of patents)

1. Additional searches, for example, assignee based, innovator based, and citation based are done in an invalidation search. These searches help in setting up an optimal search strategy to find a significant prior art.

• Invalidation is explicit to the features of the claim to be refuted. An expansive invention covering the idea of the innovation yet not explicit parts of the development may not be viewed as related
• To emphasize the point mentioned for patentability, it should be comprehended that non patent searches are as significant as patent searches in patentability as well as invalidation searches
• Regardless of whether a single relevant result directly mapping on every one of the features searched is found, the project can be ended right away.

If you are seeking Patent Search Services then make sure you hire the right company.