Time for sharp competitive intelligence

Patent Invalidation

A defense against the charge of infringing a patent claim is to show that the existing patents is invalid and was granted in error; due to the existence of previously undiscovered prior art which proves that the claimed invention is not novel or non-obvious.

Why invalidate?

  • Invalidity searches can be useful as a defensive tool when a company is concerned about infringing a particular patent
  • An invalidity search attempts to uncover issued patents or other published prior art that may render a patent partially or completely invalid.
  • In contrast, validity searches can also be used to invalidate an in-force patent thereby allowing a company to practice that technology without paying royalties to the firm that holds the rights to the patent in question

What is required to invalidate?

  • Active or lapsed or expired patent/publication
  • Non-patent literature
    • Scientific literature
    • Old sales catalogs
    • Trade journals
    • Conference etc…
  • The most importantly the priority date of source document should be prior to the priority date of the patent to be invalidated, in case of US
  • In case of German, the publication date of source document should be prior to the priority date of the patent to be invalidated

Summary

A validity search can serves as a basis for

  • A legal opinion against infringement
  • As a due diligence prior to selling or license a patent
  • Practice technology without paying royalties, if invalidated
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Comments on: "Patent Invalidation" (4)

  1. Hi,

    I am glad that the blog owner has chosen a very interesting matter about Invalidation search. Invalidation search is done to identify documents or prior use that may reduce the claim scope for one or more claims of a granted patent or to invalidate a granted patent. The information on this blog is very helpful in that it helps by spreading a great deal of knowledge among people. I would like to congratulate for this hard work to the blog owner and would like to be part of this site by submitting comments.

  2. Krishna Ramavarapu said:

    It’s, Can elobarate with examples may be more useful

  3. […] 1)https://invenvo.wordpress.com/2008/03/18/patent-invalidation/ […]

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