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Validation / Invalidation Study

Our validity/invalidity searches help you in validating the enforceability of claims or to invalidate the claims of an allegedly infringed patent.

Validity /Invalidity Study are executed post issuances i.e. grant of patent

We run an exhaustive prior art search on the claims features. The purpose of the validity/invalidity search is either to validate the enforceability of a patent’s claims or to invalidate one or more claims of a patent respectively. These two searches are identical except for the desired outcome (valid or invalid patent claims) of the search. The search is restricted to a cut-off date determined from the priority date of the target patent. This is an extensive search of patents, technical publications and/or any other available written materials that may 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 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. This study is helpful in determining the validity of a patent’s claims prior to licensing agreement, royalty negotiations and patent valuations. Invalidity study is mainly used as a defensive tool against alleged infringement by invalidating claims of the infringed patent.

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