Learning More About A Validity Search.

Novelty search, also called as patentability search

, is used in order to determine whether a person or a company's invention is different from those that were already produced by other companies or individuals in the past. This can actually be done if supported by a validity search. The latter is said to be crucial in order to find out if the patent was falsely granted to a person or a company. Learn more about this type of patent search through the following paragraphs.

In some cases, a validity search is also known as an invalidity search in that it may act as a search that will hopefully invalidate the patent granted to a previous company who applied for one. In most instances, a novelty search would come first in the patent process. A novelty search is so named because the search is performed if someone wants to make sure that their new invention is original or novel. If your invention is considered to lack novelty you could overcome this lack of novelty by having a validity search performed for the validity of the patent granted to your competitors.

A novelty search generally consists of two phases utilizing and searching patent classification schedules in order to check for inventions classified in similar classes and subclasses pertaining to your invention and using the description of your invention to perform keyword searches for patents that are similar to what you are planning to invention or have invented.

Once a patent is either a competitor or a patent holder or may decide to have a validity search performed. This is done so a patent holder can ensure that they can withstand any litigation attacks in case competitors try to invalidate the patent later on. It is best to undergo this search before you even ask for licensing of your invention.

Although the validity search is known to be a second patent search, more relevant documents are sometimes found during the process. With this, you may yield better results from the second patent search than the original novelty search in that you may have the chances to strengthen your invention's positioning in the market while you are also given the opportunity to dispute the best argument posed by your opponent or competitor.

You may only attain this result if you have undergone a series of steps after the novelty search has been completed. First, if you want a competitor's patent to be invalidated through a validity search, then you must prove a point or a case that the patent should have not been granted to your opponent. You can prove that the product of the competitor lacks novelty by showing that it does not offer originality or a new experience. You can also prove a patent is invalid by also adding the fact that your opponent lacked an inventive step in coming up with their so-called "new product". A patent lacks inventive step if a combination of similar invention could have been obvious combined together to form the so-called new product.

But you should not just rely on the results shown by a novelty search or a validity search. There are instances when you must and should consult patent attorneys to find out how you may validate your claim for the patent that you want to own. Patent law also requires that you must be diligent in taking your steps.

by: jhoana_cooper

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