Validity search also known as Invalidity or Opposition search is possibly the most exhaustive search conducted to identify novelty destroying or inventive step attack prior disclosures that may be used alone or in combination with other disclosures to invalidate the claims of a patent during infringement lawsuits. The validity study also asses the strength of patent claims which are useful during licensing negotiations. A study conducted in 2001 found that nearly 50% of patents can be challenged against their validity.
An efficiently conducted validity search helps to
a) Invalidate the claims (one or more) of a patent in litigation lawsuits
b) Assess patents strengths, which are useful in licensing/royalty payment negotiations
Our invalidity search methodology includes the novelty and its constituent identifications as well as mapping of the invention with prior identical disclosures. In-depth retro-analyses of claims by our subject matter experts support the attorneys to successfully invalidate the claims of the patent in question.
SciTech contents from patents, patent applications and non-patent literature resources. Citations, statements of examiners etc, are also carefully analyzed to identify analogue technologies.
Inventions disclosed before the priority date of patent in question.