Patent validity search is a vital task for the patent-holding companies or the inventors who are suffering from the infringement charges against competitive third parties or patent holders. Usually, patent invalidation is applied to invalidate existing patents to recover the existing publications and patents’ invalid claims or facts. The implementation of a validity search is vital in securing the proper rights while battling the war of patent claims with another person or a company. The patent validity/ invalidity search offers some benefits like:
• It determines if a patent can withstand an in court litigation
• Determines how useful a patent can be for licensing the negotiations for those desiring or holding the manufactured invention or product when another owner has claimed the patent
• Offers in-depth detail analysis of the patent art search to prove its validity and invalidity
• Removes all the wasteful redundant searches
• A better understanding of the cost-effective approach for protecting and building IP
• Offer the manufacturing efficiencies and design of the superior processes and products
• Decrease the infringing risk of the third party patents
• Market, develop, and design patented products
• Helps to make faster and better-informed decisions
Patent validity/invalidity searches are the most extensively used searching process undertaken by intellectual properties. For instance, a company might continue to search for the patent records comprising a prior art until there is some discovery of details that can invalidate the competitors’ patent. A patent search can be quite intensive or extensive. Thus, all the results mentioned above can be possible only through a comprehensive patent invalidation search using the USPTO filing date as a normal standard filter.
Strategies for the Patent Validation/Invalidation search
Below are some of the most popular strategies for creating proofreading of patent validation or invalidation searches.
Theory Of Independent Assortment
Two or more individuals should carry out the prior art search separately and at the same time. Since different human beings possess different multi-dimensional creative thinking. It will not be easy for a researcher to cover all the similar claims of the specific privilege simultaneously. For the search’s last report, the user merges all the independent results and sort out the best results from it.
Different Combinations Of Accuracy And Precision
If you are searching for a single claim prior art, then accuracy and precision should be the highest in the self-created key phrases. If the inventor includes any other combination of the accuracy and precision in the self keywords, then the chances of errors in the results will enhance. For more than one key phrase, the keyword precision should be low, and the accuracy should be high. The inventor requires concentrating on the various areas or claims of that specific discovery with some exhaustiveness.
Other Significant Strategies
Create some suitable orders or categories of the nearly relatable claims or patents according to the extent of the similarity with the concerned patent, technology, or design. The inventor also needs to enhance the systematic background patent invalidity search of the expired as well as active patents from all the relatable databases, including both non-patent and patent literature. All the vital factors like priority date, terrain information of a specific patent, the inventor should always keep in mind about the particularity of the concerned drawing or claim during the prior art search.
When the inventor handles a patent invalidation case, the time consumed should be predicted more value in the prior art search. These creative methods are beneficial to make the patent invalidity/validity search better and effective for proofreading the final reports. Always remember to implement advanced resources and better techniques for the prior art search.
Restriction Of Date
Before filing for a date of the patent in the PTBI, the inventor can impose a restriction of the date on the search accordingly. Sometimes one or more than one patent claim has a priority date later. In these cases, the date restriction shall be before the claim priority date.
How To Hire A Company For A Patent Validation And Invalidation Searches
Finding an ideal company for the invalidity or validity search is essential for a knowledgeable, professional, and full proofreading company. They entail searches through innumerable claims dealing with highly technical databases on particular subjects that need industry-oriented expertise.
The dissolution of the legal rights of a particular patent or technology depends on these searches. Thus handing over these duties to an incompetent firm will result in the loss in profits or business failure over time. Thus it is always necessary to employ the brightest, best, and most rigorous company when conducting a patent search. In this section, we will share the most important criteria to look for while searching for the best company for performing the patent invalidity/validity searches.
• The company should offer a dedicated professional to work on the validity search until the results exhaust
• The level of investigation (the USA or foreign patents) offered by the company
• The reputation and credibility of the firm in the patent search
• Negative comments about the previous clients online
• Performance of the company, best price, and the guarantee
• The technical expertise of the firm in the search field
• Experience in the prior art search for sectors like nanotechnology, geothermal energy, biofuel development, nutritional supplement, and many more
• The type of deliverables provided by the company in the report of the validity/invalidity searches
• Use of classified keywords and identified documents
Final Thoughts
Typically, legal counsel and the IP attorney believe the threat of patent searching outweighs the advantages of the R&D, corporate development, marketing personnel that push toward discovering publicly available information to make more informed decisions. Patent Validation/invalidation searches are a trade-off between the reward and risk that an inventing company or an individual should weigh accordingly.
