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A patent invalidation search aims at re-evaluating the validity of an existing patent based on prior art comprising patent and non-patent literatures. The study is generally conducted for invalidating a patent in cases of patent infringement suits or to eliminate potential road-blocks towards product development.

The report maps the patent claims under consideration, with the relevant sections of the prior art identified in the search. The aim of such studies is to find prior art that maps onto individual claim elements, and focus on that elusive prior art that might have got overlooked during prosecution.

We also focus on congregating opinion on non-infringement by looking for evidence that holds against the validity of the patent to be invalidated and this requires extensive and thorough search.

The typical reporting time is two -three weeks, but we do undertake urgent requests, if required.

Representative Scenarios:

  • A company wants to identify evidential documents to undermine the novelty of the claims (partially/totally) of the patent/invention of a competitor to file an opposition.
  • A company wants to invalidate a patent which has been asserted against one of their products, and is specifically looking to target only a couple of claims.
  • A company is in the process of purchasing a portfolio, wants to ascertain that the patents are enforceable in light of any invalidity suit in future.