Patent Validity / Invalidity Search


A Patent Validity Search or Patent Invalidity Search is an exhaustive Prior Art Search conducted after patent issuance. A patent validity/ invalidity search is typically conducted by a client who is concerned about his product infringing a particular patent. Such a search may be commissioned when a client is contemplating asserting, licensing, buying, or selling a patent and wants to confirm that the patent is enforceable. Knowing whether the patent can withstand an attack on validity allows you to take a better-informed and stronger negotiating stance. Detailed research is conducted to provide prior arts (Patent and Non-Patent Literature) that match the one or more claimed elements of the subject patent. The search is conducted in keeping mind about the date limitations of the subject patent. The report is presented in such manner that it becomes easy for the attorneys/clients to map their invention with the available prior-arts. At Embros IP, we conduct these searches in subscribed databases, gather information from prosecution history or file wrapper and relevant literature. We go beyond simple claim comparison and understand the entire specification as it relates to the claims at issue. We provide clients with expert analysis as to possible prior art that can be used to invalidate/validate a patent. The search report cites details of the relevant patent documents, along with our detailed analysis on the same. Additionally, electronic copies of the prior arts are provided for our client's perusal. Also, the output format can be customized to meet your requirements.

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