How do you do an Invalidation Search in a Patent Infringement Case?
Uncover Prior Art to Challenge Patent Validity Effectively When facing a patent infringement case , one powerful defense strategy is to challenge the validity of the patent in question. This is where an invalidation search (also called a validity search) comes into play. The objective is simple but critical: find prior art that proves the patented invention isn’t as novel or non-obvious as claimed. But how exactly do you conduct an invalidation search? Here's a step-by-step guide that walks you through the process in a strategic and structured way. What Is a Patent Invalidation Search? A patent invalidation search is an in-depth examination of existing knowledge—called prior art —to identify publications or uses that can potentially invalidate a granted patent. This could include: Earlier patents or patent applications Scientific literature or journal articles Products or public demonstrations User manuals, white papers, or even websites The goal is to prove...