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:
- Challenging a patent during infringement disputes: When an entity is accused of infringement, it may perform an invalidity search to uncover prior art that could invalidate the opposing patent.
- Strengthening a patent before enforcement: Prior to asserting a patent against potential infringers, companies conduct a validity search to ensure the patent's claims are legally robust.
- Assessing patents for licensing and commercial deals: Before entering licensing agreements, entities use validity searches to confirm a patent’s enforceability and commercial viability.
- Mitigating future legal risks: Proactively conducting validity searches helps detect weak spots in patents, allowing businesses to address them before litigation arises.
- Enhancing future patent filings: Analyzing gaps found during an invalidity search can inform better drafting strategies for upcoming patent applications.
- Supporting investor due diligence: Investors may conduct validity searches to evaluate the legal strength of a company’s key patents, reducing financial risk before investing.
