Patent Invalidation Study

Invalidation/Validation Searches are exhaustive prior art search conducted after the grant of patent to either validate the enforce-ability of the granted claims made by a patent or to invalidate one or more claims of a competitor’s patent. The methods and resources adopted for Validity / Invalidity searches are same with the only difference being the results generated (valid or invalid patent claims). The invalidity/validity searches are extensive as they aim to probe into a large number of patents, patent applications, and all the non-patent documents available.

Invalidity Searches are one of the first steps taken by a company when confronted by the allegation of patent infringement. In case you have been sued for infringing a patent, you may use Invalidation Search as a tool to try and invalidate that patent. In contrary, when you file lawsuit for infringing a patent, you may use validity searches to confirm the enforce-ability of your granted patentclaims. Validity searches are also conducted to check the strength of issued patent in light of prior art while negotiating the licensing or deal.

In order to conduct an invalidation/validation search, we require the patent number and specific claims along with the target priority date. It is an effort from our end to figure out every possible prior art that was missed during the Examination by the Patent Office.

Why US?

Native Language Search (Asian & European Languages)

We aim to overcome the challenges posed by multi-lingual prior art searches by conducting manual searches using native language queries. We prefer manual searches over machine translation or English abstract to capture references that get missed due to limited technological context.

We provide search services in various native languages from key Asian countries (including Chinese, Japanese, Korean, Japanese, Hebrew, Arabic, Russian and Indonesian) and European countries (including French, German, Italian, Portuguese and Spanish). These searches will be able to identify relevant references originating from that jurisdiction wherein English language translation is not available.

Our search results are comprehensive and are presented as a Claim chart representation of each Prior Art. The highlight of such claim charts is the “Claim Enablement” portion, where we define each element of the claim linking it to its function/aspect mentioned in the description portion. Our results are provided in a user friendly format with hyperlinks and bookmarks. To reduce the analysis time, we provide each reference with its bibliography detail. A thorough and detailed analysis of all references is provided which includes feature to feature mapping.

Additionally that we also provide “Compare Tool” integrated in the report for comparing the claims of the patent to be invalidated with the captured reference opened in a separate window.

We have full text access of more than 27000 journals, Library access to international and national research institutes, Thesis database and product catalogs. A ‘no stone left unturned’ approach is followed to ensure that each and every relevant patent is identified in our search & analysis.

We analyze the file-wrapper for understanding the prosecution history of the search to comprehend the novelty of the patent and thereby building a strong argument. We also provide novelty and obviousness/inventive step assessment based on the results obtained.

The research team at Ingenious e-brain solutions comprises engineers, PhDs and IP professional’s expert of Patent Laws belonging to a diverse subject matter expertise. With a clear understanding of their domain, they strive to provide quality services in specified timelines. Based on the technology domain for which the search is intended to be carried out, we assemble our research teams based on their technical expertise. We follow a ‘right team for right patent’ approach wherein we make sure that the project team comprises domain specific experts.

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