How to conduct Invalidity or Validity search?

A Validity or Invalidity Search is carried out after a patent has been granted, with the aim of verifying the novelty and inventive step of the patented invention as of its filing date. This type of search plays a critical role in assessing the strength and enforceability of a patent especially when evaluating potential infringement risks or responding to legal challenges. While both searches follow the same methodology, they differ in objective: one supports the validity of patent claims, and the other seeks to undermine them.

A Validity Search is undertaken to affirm the credibility of a granted patent by confirming that its claims remain novel and non-obvious when compared to prior art. In contrast, an Invalidity Search is typically pursued to contest the validity of those claims, often as part of a defense against an infringement allegation or to pre-empt legal disputes.

Purpose of Validity and Invalidity Searches:

validity search