Reasons for invalidating a patent
Alternative terminology for these searches includes Validity Patent Search or Invalidity Patent Search.
When confronted by allegations of patent infringement, proof of invalidity based on prior art is the first line of defense.
The procedure followed for preforming both these searches is identical to a large extent.
However, the terminology and preferences may vary depending whether the search is sought by a patent holder or an alleged infringer.
Searcher should also keep in mind that every search is different and a single protocol for all searches does not exist.Such analysis may also provide an insight into keywords, key strings, and classification used by the examiner, references cited by examiner and applicant, arguments of both parties, and reasons for allowing claims, among others.Further, the searcher may have a clear idea about the aspects of the claims which are critical, and can lay out strategies for finding references teaching such aspects.Some of the largest law firms and corporations in the U. have commissioned Prior Art to conduct a Patent Invalidity Search.With potential adverse judgments sometimes running into the hundreds of millions of dollars, it makes good business sense to have an experienced U. patent attorney conduct your prior art patent invalidity search.