Category: patentability search

patent invalidation process patentability search freedom to operate search infringement search prior art search firms patent validity in india patent invalidation search basics

Invalidation Searches

Patent invalidity/validity search is basically the analysis to understand the strength of patent claims. A patent invalidity (or patent validity) search can be used to validate the claims made by a patent or to invalidate one or more claims of a competitor’s patent when facing a patent infringement suit. Moreover, these searches also check the strength of a granted patent while exploring licensing options.

The validity search is performed by after the grant of a patent to ensure validity and enforceability of the granted patent. On the other hand, invalidity search is conducted to invalidates the patent that has been or may be asserted.

The key objective of the validity and invalidity search is to point out prior arts which were likely to be overlooked by the patent examiner during the prosecution stage and questions novelty or non-obviousness of the patented invention.

It involves exhaustive and in-depth searching of the patent and non-patent literature search to identify prior arts predating the earliest filing of the patent.

Why conduct Invalidity Searches ?

  1. To determine novelty and inventive step of your patent over other patents.
  2. To invalidate patents when threatened with infringement.
  3. To prepare for licensing and enforcement of patents.
  4. To accurately understand the technology of patent and claims coverage.
  5. Upon receiving a notice from a patent owner for infringement.

OUR APPROACH-

We perform exhaustive searching across various databases and provide references that are relevant to the patent that has to be invalidated. Our comprehensive search strategy includes

  • Keywords based Searching,
  • Classification based Searching- CPC, IPC, USC, F-terms (For Japanese Patents),
  • Assignee And Inventors based Searching,
  • Citation Search, and
  • Family Search
  • Semantic Search.

Invalidity/Validity Search Reports

The search reports have detailed analysis of the relevant records with

  1. Color-coded claim charts
  2. Relevant text highlighting in patent PDFs
  3. Claim/key feature analysis

We provide customized patent validation or validity Search reports as per client’s requirement. We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.We also provide interim updates time to time to keep the clients updated about the search progress.

Turn Around Time – 3-10 days

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Multiple terms can be combined together with Boolean operators to form a more complex query (see below). Note:If the english language option has been

Boolean Search

Boolean search is a type of patent searching that enables the users to find relevant results by combining keywords with Boolean operators. Boolean operators are used in all types of patent searching including the patentability search, validity/ invalidity search, prior art searching/ novelty search and the like.

What are boolean operators?

Boolean Operators are simple words used as conjunctions to combine or exclude keywords in a patent search.

General boolean operators are:

1.AND,

2.OR,

3.NOT

The above mention boolean operators are either used alone or in combination to produce focused and productive results by eliminating inappropriate hits.

LET US UNDERSTAND THE BOOLEAN OPERATORS

From the above, we can see if we use OR we have broader results while using AND the results are narrowed down. NOT excludes the results having that specified keyword.

Let us understand more with examples:

The pictorial snapshot illustrates applications containing tennis and applications containing a ball.

The pictorial snapshot illustrates applications containing both tennis and ball.

The pictorial snapshot illustrates results of applications containing either tennis or ball.

The pictorial snapshot illustrates applications containing ball but not the word tennis and applications containing the word tennis but not ball.

From the above examples, boolean searching can easily be understood.

 


Snapshots are taken fromWIPO Search Tools and Strategies 

 

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