How to Conduct a Patent Validity Search

How to Conduct a Patent Validity Search

How to Conduct a Patent Validity Search

The world of patents is a complicated one, made up of legal concerns, intellectual property rights and financial issues that can affect the livelihoods of many people. Patents are made more complicated by the thousands of patents filed each year by individuals and companies most of whom do not know each other and have not stolen or "borrowed" ideas from each other but who have come upon the same idea or concept at about the same time. Often, the individual or owner of a patent is the one who has "beat the clock" and filed and been approved for the patent before the other inventors have successfully navigated the same process. Needless to say, in such a race against time and creativity, there are often disputes about the integrity and thoroughness of the patent, as well as its originality, authenticity and the time frame of when the idea was patented.

In such cases, particularly when the patent of one inventor is challenged by another inventor, the use of a patent validity search or validity patent search may come into play. Patent validity searches are performed on inventions claimed in a patent that has already been issued. An issued patent is considered valid by courts, but this standing can and is often challenged by other inventors and their legal teams, most often using the results that are uncovered in a validity search, among other investigations. A patent validity search concentrates on searching previous patents and publications with the explicit goal of finding the subject matter of the patent for which the validity is being analyzed. In other words, attempts are made to prove that an already issued patent is NOT valid for some reason. Validity searches are often performed by a patent owner before litigation, as a way to determine the strength of the patent claims and to make sure it will stand up in court. Validity searches are also performed by inventors accused of infringement (i.e. creating a similar product or invention that already has a patent upon it) as a method of invalidating a patent being claimed as the true or first patent. Like a patentability search, validity searches can include patent and non-patent literature.

For those who are interested in learning how to conduct a patent validity search by themselves without professional legal help, there are several parts of the search that must be performed if it is to be successful. Below are some of those steps for this most extensive of all search processes:

Searching U.S. and foreign patent documents for similar patents

Searching art-specific publications, journals and databases for similar documented inventions

Searching patent-related literature and non-patent literature for similar inventions/patents

Documenting the performed search history so that investigators and legal sources can trace that history and attest to its accuracy and thoroughness

A documented comparison of the patent-in-question's inventive features compared to other patents that have similar referential features

An overall analysis of the strength of the patent-in-question compared to previous or present patents of the same kind to ascertain the sustainability of the patent's integrity

Patent validity searches are complex and time-consuming, especially if they are to be successful and effective in substantiating the patent's integrity and authority over other patent claims/protests.

POST COMMENT

Anti-Aging: Top 7 Ways Claimed By Professionals to Slow Down Aging Effects South Shore Skin Center and Spa Announces "Professional Skin Care Day" Working Out By Playing Basketbal Hassle-free Wood working Projects- Why You might want to start with These 5 Hire the professional designers for conservatory construction Becoming A Professional Organizer Guide Good Professional Voice Coach fOR EFFECTIVE Vocal Exercises - A Singing Technique Most professional Voice Coaches Teaches Speech Level Singing is a Technique Used by Many Professional Singers - What Causes Great Vocal Range Professional Advantage receives XMPro Partner Award Free Teds Wood Working A Professional Visual Check is Necessary before Getting Eyeglasses Find Perfect Jobs at Nigeria Keep Your Lights bar Looking and Working Great All the Time