A patent invalidity search is used to determine the strength of a patent claim. When facing a patent infringement lawsuit, a patent invalidity search can be used to identify the practicality of an invalidity defense. At DiBerardino McGovern IP Group LLC, we help clients evaluate existing patents by developing and implementing prior art searches, preparing invalidity and non-infringement arguments, and providing advice on the validity and enforceability of patents.
Patent invalidity search
Whether you are facing an infringement claim or are trying to gauge the validity and strength of a competitor’s patent claim, our attorneys work quickly to advance and protect your interests. Ideally, a patent invalidity search is conducted under the following circumstances:
- You receive a patent infringement complaint.
- A patent owner or their attorney sends you a cease and desist notice indicating that you are infringing on their IP.
- Prior to enforcing your own patent in order to determine if there are any invalidity risks.
- Under the America Invents Act, the search is conducted for pre-issuance submissions, post-grant review proceedings, and inter partes review proceedings.
Having worked with countless clients both domestically and abroad on a wide range of patent infringement issues, our lawyers recognize what is at stake in your case. Rest assured, we work judiciously and swiftly to identify the most advantageous path forward for your business. If we uncover an invalid patent during our search, we can help you file a cease and desist notice and are prepared to enter fierce litigation on your behalf.
Who benefits from a patent invalidity search?
An invalidity search is a rigorous investigation into prior art in order to determine if an issued patent is valid. Typically, the primary person who benefits from a patent invalidity analysis or search is the patent applicant. If you have a patent for a new business idea or product, an invalidity analysis can reaffirm your confidence in your invention’s “novelty” and also protect you from future IP disputes.
On the other hand, a third party can use a search to prove your patent suffers a validity issue and protect themselves from litigation. Regardless of whether you are a patent owner, or seeking to invalidate an existing patent, you benefit greatly from the guidance of an experienced team of IP attorneys. Seasoned IP lawyers protect