PATENT INVALIDATION SEARCH

Scrutinizing target claims and limitations to challenge patent

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Analysis of file wrapper, inequitable conduct

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Detailed claim chart mapping, with expert comments

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5-10 business days turnaround time

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Multiple options customized to suit your budget

Why Patentskart?

The goal of our  invalidation search is to identify prior art references missed during the time of prosecution by the patent analyst, which may question the novelty or non-obviousness of the references. Language obstacles and non-availability of prior art references from respective national patent offices often result in the missing of prior foreign art. Thus, to confirm the validity of the Patent, this search becomes mandatory. The purpose of this type of search is also to determine and estimate the strength of the granted claims.

Our Validation Invalidation Search reports include:

  • Analysis of Patent (Technical) as well as Non-Patent literature published before the priority date of the target patent.

  • Global coverage of granted and published patent applications published before the priority date of the target patent.

  • Classification search of patents viz US classification, PCT classification, ECLA classification.

  • Claim charting of the target patent with the relevant references listed in the search report.

  • Mapping of prior art section with claims of the target patent

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Whats unique about our invalidity search?

Whether it’s your company or someone else, it can invalidate patents. As an IP firm, we have developed a comprehensive search strategy for conducting patent invalidation searches Relevant prior art search Non-patent search technical documentation, and uncovering evidence to contest the validity of a patent and non-patent literature database. Establishing market dominance in technology is an expensive affair since both development costs and patenting are tremendous. The only option for monopolistic power over businesses becomes problematic if one does not have enough money; there must be a way that benefits everyone without negatively impacting our environment or society at large. If a company is financially challenged, there’s not much it can do to achieve market dominance.

The most suitable option for them would be to kill or invalidate patents(you should have every single set of the technical documents and non-technical documents) of the competitor so that it becomes easy prey in this marketplace war with no winners but everyone losing out on something important critical. The can prove invalidity search to be an effective tool in case of an infringement suit, patent portfolio assessment, and killing the competition.

In Case Patent Infringement Suit:

Under the declaration of patent infringement, the alleged party (who is accused of infringement) can use the invalidity search in an effort to invalidate or cancel the patent in question, thus providing the declaration of infringement baseless. Invalidity search can help in invalidating the claims of the patents either by explaining that claims(patents claims) are not novel or obvious or fall under the statutory exceptions, by providing sufficient pieces of evidence/documents of prior arts (must pay careful attention to the patent 2019s effective filing date or earliest priority date), and subsequently the patent in question will be revoked.

In the other scenario, under the allegation of patent infringement, the alleged party can use the invalidity search to establish that their invention is novel and non-obvious; thus, it is not infringing the said patent by doing critical prior art research.

The results of invalidity search hold great significance in the patent infringement suits, as not only can it be used to kill the patent in question, but it can also use it to save oneself from the allegation of infringement.

Patent Portfolio Assessment:

It can also use invalidation Search or validity research to establish the strength of the patents. For example, an invalidity search report stating the claims of a patent novel, non-obvious, and the fact that they do not fall under any statutory exception of patents establishes the patent is strength, making the patent more valuable.

A patent grant certificate, along with an invalidity search report stating the claims of the patent novel and non-obvious, is the most substantial evidence of the strength of a patent. A patent is likely to bring more value through licensing if it is immune to any infringement suits and possesses a greater degree of novelty and inventive step (non-obvious). Thus, it is less likely to be objected to because it falls under the statutory exceptions after it is granted.

Invalidation Search can be used as a voluntary step by any company, organization, or individual to assess the strength of its patents.

Clearing the Competitive Field:

Patent invalidation search is an effective weapon when it comes to diminishing the patents of competitors. This is because invalidity search not only dictates whether the claims of a granted patent are non-novel and evident, but also whether it falls under the ambit of statutory exceptions for grant of patents such as the invention was already in use or available for sale or exhibited to the public for more than 12 months before filing the patent application, or the patent was obtained wrongfully or fraudulently.

The main aim here is to unearth the prior art or identify prior art references and facts that the patent office overlooked during the prosecution of said patent, which can kill the granted patents of the competitors, thus clearing the competitive business field.

The results of invalidity search hold great significance in the patent infringement suits, as not only can it be used to kill the patent in question, but it can also use it to save oneself from the allegation of infringement.

Want to Scrutinize target claims and limitations to challenge patent validity?

We will Answer your Questions, Scope your Project and Ensure Quality Results

Practices We follow – Patent Invalidation Search

Invalidation Search can be used as a voluntary step by any company, organization, or individual to assess the strength of its patents.

Before the Patent’s filing date is invalidated (PTBI) since the searches are run to locate prior art ordinarily published before the Patent’s filing date, a date restriction is set on the search accordingly. Sometimes one or more of the patent claims have a priority date later than the filing date of the PTBI. In such cases, the date limitation shall be before the priority date of the claim.

Additional searches such as assignee-based, inventor-based, and citation-based are brought out in an invalidation search. These searches help prepare an optimal search strategy to find a relevant prior art.Invalidation is clear to the features of the claim to be invalidated. For example, a comprehensive invention covering the concept but not distinct aspects of the invention may not be considered related.

Since the originality and non-obviousness measures for the PTBI at the time of filing is complete and across the globe.

Document Type Restriction: Again, it is necessary and fascinating to note that even a non-formal consideration such as a comic strip can be used to destroy the Patentability of a creation.

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Focused on identifying prior art patent invalidity search that can question the novelty or non-obviousness of an invention, PatentsKart actively analyze review the target claim (focuses on the language) or the entire claim set of a patent to define searching strategies(patent invalidity) for finding references that may use alone or in combination, to invalidate the claims of the patent. Given that these(patent invalidity search) are highly specialized patent searching, they are best left to experts like attorneys or patent search law firms.

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In cases of highly complex litigations or premium invalidity searches, PatentsKart collaborate with the client to tailor searches as per requirements 2013 defining a unique search strategy(patent invalidation) and providing interim reports and regular updates, ensuring we find the killer art. One should know that nonpatent searches and patent language are as important as patent searches in patentability and invalidation searches invalidating.

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Even if a single relevant result directly mapping all the features searched is found, the project can be terminated immediately. An invalidity validity search is an exhaustive, date-limited prior art search conducted against the patent\’s claims(specific  claim and language of the claim) of a patent to verify its validity or render it invalid by uncovering relevant art filed before its earlies priority date and filing date.

FAQs

  • Patent Invalidity Searches is done Common grounds for invalidating patent include
  • After receiving a patent infringement complaint from a patent owner
  • When a legal notice is received from a patent owner
  • Before enforcing your patents to regulate invalidity risks
  • To explore the strength of the patent before buying
  • When you want to oppose a recently issued patent of a competitor
  • To prepare for patent enforcement
  • To identify targets for licensing
  • To draft an FTO opinion

The objective of Patent Invalidation(Invalidity Searches) is to invalidate or revoke an already registered granted patent claims or for a pre-grant opposition of a published patent application claims, and Non-Patent Literature Can Serve as Conclusive Evidence for Proving Patent Invalidity. Additional criteria may include: identity or type of applicants, filing date , current legal status, territories covered.

  • A patent is declared invalid when:
  • The claimed subject matter is not novel
  • The claimed subject matter is obvious
  • The claimed subject matter is inadequately described
  • Claims are not enabled
  • Claims do not have the priority
  • Claims do not satisfy the eligibility criteria
  • A patent is declared invalid when:
  • The claimed subject matter is not novel
  • The claimed subject matter is obvious
  • The claimed subject matter is inadequately described
  • Claims are not enabled
  • Claims do not have the priority
  • Claims do not satisfy the eligibility criteria

The portfolio analysis is conducted to identify the relevant strength of all patents within the portfolio and, if need be, understand how and which of the patents in the specified portfolio are potentially infringed by the live products in the market. In addition, practical portfolio analysis helps in identifying where the value is in the patent portfolio. Over the period, valuable patent assets can be”lost” in the complexity of the broader portfolio if worthless assets are maintained unnecessarily, and their actual value through sale or licensing is never realized.

The assignee/plaintiff performs the validity search after the grant of a patent to ensure that the patent granted is valid and enforceable. In contrast, a defendant conducts a patent invalidity search to invalidate a patent by conducting a prior art search and can be done by patent attorneys and law firms.

Post-grant opposition can file only after the grant of a patent but within one year of the grant date. In addition, a pre-grant opposition can be filed by any party, whereas a post-grant opposition can be filed only by an interested party

Google patents, USPTO, Espacenet, WIPO, have access to the world leading  patent and non-patent literature databases.

We provide high end IP research and analytic solutions with visualization models and tools designed to offer valuable insights in complex IP decision making scenarios for our clients.Our services include:-

 Patent Research Services: 

Our research specialists, with expertise across varied technology domains, focus on identifying search results that accurately meet the clients 2019 objectives. Our team has more than 10,000 hours of searching experience with  excellence in complete nuances of claim mapping. Our clients review our services as need based, cost effective and highly efficient.

IP Analytical Services: 

We have extensively worked with recognized enterprises on varied technologies on specific research objectives like competitor benchmarking, investment decisions, development of future innovation R&D strategies, licensing acquisitions and other whitespace analytical solutions.We equip our clients with capabilities to take data driven business decisions through our unified dynamic dashboards built on leading analytical tools like Power BI, Tableau,etc.

IT Services:

 We provide clients with Machine learning/Artificial Intelligence based self-sufficient tools/models to assist manual patent searches and improves efficiency and effectiveness in IP related decision making By combining all the above services, we are able to create powerful patent solutions for our clients that can be used, shared, scaled, updated 2026. with a click of a button. This creates efficient workflows and helps our clients to focus on performing actions more than analysis.

100% of our team has more than 10,000 hours of searching experience. Hence, we are in a position to commit best quality work, consistently, all the time.

Specialized Content:

Each report focus on accurately presenting identified project outputs in a manner that accurately meet the clients 2019 objectives. Also,we always offer a unique segment that is aimed at driving maximum impact with minimal effort for our clients.For example,Interconnected dynamic dashboards alongwith landscape reports or

Key Feature Analysis table for Patentability type searches:

Claims

Key Feature 1

Key Feature 2

Key Feature 3

Claim 1

Claim 2

Claim 3

Yes (Interpreted)

Functional Intellectual Expertise: 

Our senior team members have worked for tier-1 Strategy consulting firms and have served Fortune 10 clients for multiple years.They are qualified from the top 30 ranked MBA institutes in the world, and top 3 in India They are well versed with techniques to distil oceans of data into useful insights focused on specific research objectives like competitor benchmarking, investment decisions, development of future innovation R&D strategies, licensing acquisitions and other whitespace analytical solutions.

 

Analytical Tools Expertise: 

We work on superior analytic tools like Power BI, Tableau, Alteryx, etc to gather, process and visualize unstructured data in all its forms and transform into one complete dashboard solution with relevant data connectors that break down the data silos and highlights valuable insights especially in complex IP decision making scenarios as per our clients 2019 needs.

Do you have IT capabilities?

Yes! We have an in-house IT team capable of handling EVERYTHING ranging from internal patents 2019 database/software development to machine learning based patent ranking watch searching tools. Don 2019t forget to ask for a demo of our IT services portfolio.

Our experienced team of patent researchers and analysts has advanced qualifications in wide ranging technology domains like electronics and telecommunications, mechanical and metallurgy, life sciences (including pharmaceuticals, biotechnology, chemistry and biochemistry) and computer science, along with a separate team of specialized trademark and patent agents\\/attorneys.

Yes, We provide search services in Chinese Taiwenese Japanese languages

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