How is an Invalidity Search Report formulated?
Most invalidation reports consist of a claim mapping chart which is a comprehensive techno-legal analysis of mapping one or more claims of the patent to a particular product feature, or a technical description or a scientific technical document. Our claim mapping involves the process of assessing each and every independent claim, and mapping the elements of the independent claim to the prior art documents.
Once the independent claims are thoroughly mapped, we also move towards mapping some of the relevant dependent claims and in some specialized cases, and we also map the whole patent which includes the diagrams and description. Non-patent literature which may include journals, or technical documents are also analyzed to assess the presence of any relevant prior art documents.
We strategize our searches and reports based on the reason for invalidation of patent. Each invalidation case is processed using the most applicable strategy and a patent may be invalidated based on several aspects. Some of the grounds of invalidation may include:
- Inconsistency of content within the patent document
- Claiming for subject matter that is present in the prior art
- Getting a grant for an invention that does not satisfy all the eligibility criteria
- Presence of false information in the patent
- Claims do not completely describe the invention
- There is absence of complete disclosure of the invention