Validity/invalidity Searches

Validity/invalidity searches are important for managing and protecting intellectual property, including patents. Einfolge offers a validity/invalidity search service to help confirm the enforceability of patent claims or invalidate the claims of an allegedly infringing patent. Our research involves an exhaustive prior-art review of the claimed features.

Having experience in a wide range of subject domains allows us to conduct customized searches for specific technologies, industries, and markets. This approach enables us to identify the most relevant prior art references and conduct a comprehensive analysis of the validity/invalidity of a patent. This can provide clients with the necessary information to make informed decisions regarding litigation, licensing, or other strategic objectives.

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In a validity search, the aim is to validate the claims of a granted patent by identifying prior art references that support the novelty and non-obviousness of the claimed invention.

To invalidate a patent based on prior art, the defendant performs an invalidity search.

The priority date of the target patent determines the target date for the search. The search is comprehensive, covering patents, technical publications, and any other available written materials that could be relevant to the patented invention. All publicly available documents or evidence of public disclosure prior to the filing of the target patent are analyzed.

A validity search may be requested even when no litigation has been filed to identify potential challengers who could dispute the presumption of validity of a subject patent. This study is helpful in determining the validity of a patent’s claims prior to licensing agreements, royalty negotiations, and patent valuations. An invalidity study, on the other hand, is primarily used as a defensive tool against alleged infringement by invalidating the claims of the infringing patent.

We are experts in conducting invalidity/validity searches across multiple subject domains such as mechanical, chemical, electrical, electronics, telecommunication, civil, metallurgy, computer science, IT, software, aeronautical, etc., which are valuable assets that can benefit clients who require assistance in protecting their intellectual property and achieving their business goals.

Einfolge's Validity and Invalidity Search Process

Our team at Einfolge takes a meticulous approach to ensuring that all relevant information is analyzed and considered during the search process. To conduct a successful search strategy, we consider various factors, such as the patent's technical specifications, legal requirements for patentability, and any prior art that may exist. Additionally, we may review similar patents or patents in related fields to identify potential challenges or opportunities for the patent under consideration. This comprehensive approach helps to ensure that our clients have the information they need to make informed decisions about their intellectual property.

Once our team has formulated a search strategy, we carefully execute the search and analyze the results. This may involve reviewing patent databases, scientific literature, and other relevant sources to identify potential strengths or weaknesses in the patent's claims. Our team may also need to engage in legal research and analysis to determine the most effective strategies for challenging or defending the patent and taking a comprehensive approach to patent validation or invalidation can help ensure that our team is well-prepared to handle any challenges or opportunities that may arise in the process.

Benefits with Einfolge Technologies

Our team consists of highly qualified professionals, including PhDs, Masters, engineers, former patent examiners, and patent agents. They bring years of combined experience in patent prosecution and possess expertise across a wide range of subject domains.

Our subject matter experts have access to more than 150 patent and non-patent literature databases worldwide, which allows us to conduct thorough and comprehensive searches.

We design project reports that are easy to follow and are based on our experience and the common preferences of our clients. We display the relevant portions of prior art in our reports so that you can decide with high accuracy and speed. A list of concepts, keywords, and classification codes is also included in every report.

We ensure unparalleled accuracy in strategy, relevance, and reporting through multi-tier quality checks throughout the project. This helps to ensure that our clients receive high-quality deliverables that meet their specific needs and objectives.


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