The “Patent Validity and Invalidity Search” service helps clients either validate a granted patent (confirming that it is likely strong and enforceable) or invalidate a patent (finding prior art or grounds that challenge its enforceability). According to the flip-book summary, the service is targeted at law firms, corporations and innovators who want to evaluate or challenge patent claims worldwide or in specific countries.
Key Features & Deliverables:
Understanding Patent Validity and Invalidity Search
- Comprehensive search of prior art: both patent literature and non-patent literature (NPL) across global jurisdictions.
- Claim-by-claim mapping: Includes charts that map each claim (or claim element) of the target patent to the identified prior art references, usually with commentary.
- Technical + legal insight: The search team includes technical subject matter experts (TMS) and supports legal review or strategy, especially in case of potential litigation, licensing or M&A.
- Confidentiality and strategic value: Described as ideal for litigation support, IP due diligence and strategic decision-making.
- Customisable depth: Can specify elements like jurisdiction(s) of interest, claims to evaluate, desired search depth, any known prior art or references, etc.
Typical Use-Cases:
- A third-party facing an allegation of patent infringement wants to invalidate or reduce the enforcement risk of the asserting patent.
- A patent owner or prospective licensee wants to validate the strength of a patent to assess its enforceability, licensing potential, or portfolio value.
- During M&A or investment, the acquirer/ investor wants to evaluate the risk of underlying patents (validity/invalidity) as part of due diligence.
- Legal teams preparing for patent litigation, oppositions, inter-partes review (IPR) or other post-grant proceedings need a defensible prior art basis.
Benefits:
- Enhanced clarity on whether a patent (or set of patents) is likely to withstand validity challenges, or is vulnerable.
- Strategic leverage: For licensors, licensees, or acquirers, knowing the strength of a patent helps in negotiation.
- Risk mitigation: Helps avoid surprises in enforcement, licensing costs, or litigation exposure.
- Evidence-based decision-making: The detailed report with mapping and commentary supports internal strategy or external legal arguments.
Typical Process Steps:
- Claim review & scope definition: Understand the target patent’s claims, their scope, and the file history (prosecution, amendments, estoppel issues).
- Search strategy formulation: Develop key words, classification codes (IPC, CPC), query strings, non-patent literature sources, jurisdictional databases, etc.
- Prior art searching: Conduct searches in global patent databases and NPL (journals, conference papers, industry literature) up to the relevant cut-off date (typically the filing/priority date of the target patent).
- Prior art selection & analysis: Shortlist most relevant references and map them to each claim element (or independent claims) to see where novelty or inventive-step may be challenged.
- Report preparation: Deliver a report containing search strategy summary, key findings, claim charts, commentary on threat/weakness points, and recommendations.
- Optional follow-on support: Sometimes includes interim reports, translations of foreign language documents, technical/legal consultation.
How to Engage & What to Provide:
- Client should provide the patent number(s) to be evaluated, jurisdiction(s) of interest, target claims, prior known references (if any) and any specific search depth or strategic focus.
- The client may also specify turnaround time, geographic scope, language coverage (for foreign literature) and output format.
- Confidentiality and data security are typically implied given the sensitive nature of patent litigation or negotiation support.
Considerations & Tips for You:
- Ensure you clarify jurisdictions: A strong validity search in one country may not cover all jurisdictions of interest.
- Ask about non-patent literature coverage and foreign language sources: Many weak spots in patents lie in foreign-language prior art.
- Clarify the depth vs cost trade-off: A “knock-out” quick search vs a full in-depth global search will differ in cost and time.
- Confirm deliverables: What exactly will the report include (claim charts, commentary, search logs, PDF translations).
- Use the findings as a strategic input: Whether you’re a company assessing your patent portfolio (for instance for your work in pharma/biopharma as in your case) or assessing a competitor’s patent exposure.
Conclusion:
Patent Validity/Invalidity Search is an essential tool for assessing the strength and enforceability of a patent or for identifying potential grounds to challenge it. By combining comprehensive prior art analysis, claim-by-claim mapping, and expert technical insights, this service enables informed, evidence-based decisions for litigation, licensing, investment, and strategic IP management. Whether the goal is to validate a valuable innovation or to uncover weaknesses in a competitor’s patent, a well-executed validity/invalidity search provides clarity, confidence, and competitive advantage in the complex landscape of intellectual property.