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Why Perform a Patent Invalidity Search Before Litigation | InventionIP

Patent litigation can bankrupt a company. Litigation tends to cost millions of dollars in attorney fees, months or years of prep work, and enormous uncertainty. One of the tools that can provide companies with clarity before entering a courtroom is a patent invalidity search . The process reveals prior art that can make a current patent unenforceable. Whether you're fending off an infringement allegation or about to assert your own patent, an invalidity search can radically change the result of the case. We'll describe in this article why one is so important before litigation, how it is conducted, typical errors to steer clear of, and actual examples whereby it was decisive. What Is a Patent Invalidity Search? A patent invalidity search explores earlier art to see whether an issued patent must be invalidated. Prior art encompasses anything that is available to the public prior to the filing date of the patent—like prior patents, published applications, research reports, technic...