A patent validity search is usually done by a rights holder of a product when they have concern that it may infringe a patent. This search is also used when a manufacturer product infringes on a current patent.

Steps for evaluating validity of a patent:

1. Check if the patent is active i.e. if the maintenance fees have NOT been paid or the patent has completed its term as applicable by law.

2. Refer the file history (file wrapper) of the patent, which shows the complete objections and arguments between the applicant’s and the examiner at patent office, as well as any amendments that resulted in from the prosecution. These amendments depicts the sometimes the strengths or weaknesses of the claims that were objected by the examiner that forced the applicant to argue or amend.

3. Conduct patent and Non-patent literature search to find out relevant references before the critical date of the patent in question. Please Note: A critical date could be the filing date or the earliest priority date of the patent or the date of invention or a date chosen by the attorney. It is always better to confirm the critical date with the attorney through discussion.

4. Examine and compare the search results with the issued claims, and prepare a claim chart to show to what extent the claims in question match the scope of the uncovered references. The attorney while making the patent validity opinion may get help from the claim chart to check if the claims “read on” or obvious or anticipated based on the prior art.

Our versatility in technology specific personnel and good degree of understanding of the need of a patent validity helps us in searching patent and non-patent literature by using the world leading databases to identifying the closest matching references. Through our precise analysis of the uncovered references we prepare a well informative report that helps you to judge the scope of the claims to be invalidated.

Legal Advantage offers the following Validity Searches: