Invalidity Searches

Utilizing professional patent searchers, we can provide invalidity searches.

When most well-counseled organizations suspect that their product or service might fall within a claim of another's patent, they obtain an invalidity search and opinion to determine if the patent's claims are valid, and/or to insulate against an allegation of willful infringement.

A basic invalidity search typically is preceded by obtaining a copy of the patent of interest along with a copy of its prosecution history (the entire collection of correspondence between the applicant and the USPTO). Also, any patents or printed publications cited on the face of the patent can be obtained.

If the search is still needed, the searcher can review and obtain copies of additional relevant references, such as uncited US patents, English-language foreign patents, and English-language non-patent literature, that can serve as prior art against the patent of interest.

If necessary, copies of uncited non-English-language patents and non-patent literature can be searched and obtained.

In certain cases, additional investigation might be necessary to identify invalidating prior art and/or activity.

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