Validity Search 2017-06-03T02:33:20+00:00


 Conduct Validity Search

A validity search is a search that is determined by the selected claims of an issued patent. Validity searches might be required for a number of reasons. Sometimes, the validity of a patent is brought up during litigation. Oftentimes, a validity search is requested even when no lawsuit has been filed, to identify potential attackers and/or references that challenge the presumption of validity of a subject patent.

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Assessing Patent Validity Is Important For Defendants And Patent Owners Alike.

When Should You Conduct a Patent Invalidity Search?

  • Upon receiving a patent infringement complaint from a patent owner.
  • Upon receiving a cease & desist notice from a patent owner.
  • Prior to enforcing your own patents to determine invalidity risks.
  • For pre-issuance submissions, post-grant review (PGR) proceedings, and inter partes review proceedings (IPR) under the America Invents Act



What Do I Need to Provide for a Patent Invalidity Search?

A patent number and the specific claims which you need to invalidate (unless the entire claim set is at issue).

The target priority date, if different than the priority date listed on the face of the patent.

Any known prior art that is not listed on the face of the patent.

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