Invalidation Search/ validity/Opposition

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The idea behind a validity search is that the Patent Office may have issued the patent (or allowed specific claims contained in the patent) in error. Examiners are pretty good at what they do, but they are not infallible and they are often operating under severe time constraints. They may have missed a relevant piece of prior art, and this resulted in them granting a patent with claims that never should have been allowed.

We also conduct Validity Searches which help clients during Merger, Acquisitions, licensing, or valuation.

The idea behind a validity search is that the Patent Office may have issued the patent (or allowed specific claims contained in the patent) in error. Examiners are pretty good at what they do, but they are not infallible and they are often operating under severe time constraints. They may have missed a relevant piece of prior art, and this resulted in them granting a patent with claims that never should have been allowed.

We also conduct Validity Searches which help clients during Merger, Acquisitions, licensing, or valuation.

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Patent Invalidation search deals with thorough analysis of all similar documents prior to the filing of the patent. The process involves identifying relevant prior art documents to invalidate the patent.  Patent Invalidation is generally used as a defensive tool in most cases, when a company is concerned about infringement of a particular patent.

Also at the time of licensing or monetization of the patent, the invalidity/ validity search helps the patentee to bargain the best possible deal or monetary benefit. Having the complete prior art search in the relevant technology, the patentee will be able to analyse a particular prior art carried by the potential licensor or defendant. 

This helps the patentee to show that the patent is valid which ultimately brings more value to the license/ agreements.

 

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