A validity search can be done when a litigation relating to infringement of a patent becomes a clear possibility and the defendant needs to nullify the plaintiff's patent. A validity search also proves useful during licensing discussions as it is important to assess the value and strength of a patent before buying a license for its use.

A patent validity / invalidity search is the most extensive search that can be performed, and it has unlimited potential. If a company has an inclination to invalidate a competitor's patent, it has the choice to continue probing till it discovers data that can help in its mission. Due to the huge number of patents, patent applications, and related IP publications available worldwide, it is difficult to "cover all the possible bases” when it comes to validity searches.  Therefore, it is advised that a company conduct as thorough a search as is possible.

Legal Advantage offers the following Validity Searches:

Invalidity Search:

Exploring documentary data which could invalidate the invention of a existing patent.

Pre-Application Search:

Conducting patentability searches to help to ensure that a proposed invention meets the criteria of novelty, usefulness, and non-obviousness to meet the guidelines laid down by US Patent Laws.

Material Search for Opposition Material:

Investigating data to determine novelty or inventive step for use in opposition or reference of prior art.

Search for Material for Request of Accelerated Examination:

Performing necessary searches that are a pre-requisite for the application of Accelerated Examination.

Pre-Request for Examination Search:

Searching of prior art to assist in deciding on the need to request for an examination and how to modify claims.