When it comes to safeguarding or challenging patents, two types of searches play a pivotal role: patent validity searches and patent invalidity searches . Both involve the analysis of prior art, but the purpose, timing , and strategic value of each are very different. Patent owners employ validity searches to ascertain the validity of their patent claims. Competitors or potential infringers employ invalidity searches to attack the enforceability of the very same claims. Understanding how these searches work, when to use them, and how they influence litigation, licensing, and business planning is critical to innovators, businesses, lawyers, and investors. What is a Patent Validity Search? Patent validity search identifies whether a granted patent is valid if challenged. Patent validity search is usually conducted by the patentee or an interested party such as an investor or a licensee to ascertain the validity of the patent claims. Why do a validity search? So the patent can be enfor...
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