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Best Practices In Validity Or Invalidity Search

Patent invalidity search aims to uncover copyright that may turn a granted patent invalid. This type of search is conducted after the issue of a patent. Invalidity search is used to invalidate blocking copyrights. The scope of search generally include published copyright applications, appropriate non copyright literature etc. The final outcome of search is used for identifying prior art. This invalidity search results generally include

• Claims mapping charts

• Electronic copies of prior art cited

• A search report

Claims in validity search

An issued patent may have certain claims. Validity search is determined by selected claims of such issued copyright. In certain situation, a confusion regarding the validity of a patent may occur during litigation. This type of search is also requested even if no lawsuits are filed. The results of patent validity search will check whether a patent is enforceable or not. Such processes are generally conducted before licensing or selling a patent. Validity search is conducted and commissioned by large law firms. It is extensive and wide ranging. The laws and rules regarding validating or invaliding will be different for different countries. But most of the government grant laws recognize grounds like:

• Publication of the invention before the priority date of patent application

• Prior public use

• Prior sales of invention

One of the important factors needed to be considered while conducting validity search is claim interpretation. The future relevant of the art can be found by broad interpretation of allowed claims. The services of an experienced attorney are essential for the conduction of patent validity or invalidity search. Database search techniques are generally used in this process. Validity search help for many purposes like:

• Valuation of a patent

• Help in acquiring royalties or other licensing agreements

Patentability search for reducing risks in acquiring patent

Patentability search is generally conducted by the inventor for patenting his invention. There is no data constraints on prior art in patentability. Filing of patent application is a complicated process and it may take lot of time and money. It is better to undertake a patentability searching before filing an application. This will help you to reduce the risks of spending money and effort for your invention. When you file a government grant application, attorneys will check whether there is anything like your product in the market. This is also known as novelty search.

Importance of patent clearance search

Patent clearance search will analyze whether you can bring your invention to the market. It checks the legal aspects regarding introducing a product or service to the market. Clearance search is entirely different from Infringement type. Infringement is for pending applications in the country where you are going to market your product. On the other hand, clearance search seeks to market your product anywhere in the world. This can be considered as a combination of infringement and patentability search. This type of searching includes published patent applications, unexpired and expired granted copyrights, non patent literature etc.


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