Patent Validity

“We assess prior art to ensure the validity or invalidity of a patent’s claim so you can be sure that it is enforceable.”

A Patent Validity or Invalidity Searches are a thorough search for prior art which is conducted after patent issuance. This is done to validate or invalidate the enforceability of a patent’s claim. When we say Prior Art, we are talking about all of the information and documentation for an invention that has been disclosed to the public before a patent filing date. Both searches are conducted the exact same way but with different goals in mind. A Patent Validity Search is usually commissioned when there are plans for buying, selling, or licensing a patent to provide assurance that the patent is enforceable.

PATENT VALIDITY SERVICES

Patent Validity Search
Prior art search
Patent search for non-infringement analysis
Patent search for patentability analysis
Patent search for evaluation of the state of the art
Patent search for validity analysis
Patent search for competitor’s market evaluation
Trademark search
Provisional patent application drafting
Competitive landscape evaluation
File history retrieval
IP Patent Portfolio Management

The Scope of a Patent Invalidity Search

Drafting patent applications only for legal protection often isn’t enough in today’s IP practice. Once an invention proves profitable others will try to copy, improve or design around the invention. Analyzing how a competitor will try to copy or alter an invention, then drafting that in the claims to the potential scope of the core of the invention is a great way to optimize your patent counteract anyone building off of your invention and ensures better protection.

How Prior Art Invalidates a Patent

Each country has different grounds on which a patent can be invalidated due to prior art. Some of the ways a patent can be made invalid are when the invention reaches publication before the priority date of the application for the patent was filed, prior public use, sales of the invention, or prior public knowledge. Thorough prior art searches will then be conducted for each of these separate claims.

Why Work with LCG

At Levin Consulting Group, we understand the importance of patent validity. When your patent is made invalid it could lead to a possible patent infringement lawsuit. Because of this, we take each precaution necessary when conducting Patent Validity Searches.

We will conduct exhaustive prior art searches with all of our available sources to ensure that you can feel confident that your patent is enforceable. We also offer a full suite of patenting services to our clients, including Patent Portfolio Management, Medical Device Patent, and Intellectual Property Rights Due Diligence (IPRDD).

Keeping Vigilant

While many believe that prior art searches are a quick and easy process, not taking a thorough approach could lead to large problems down the road. We are all about absolute vigilance at Levin Consulting Group with our main aim being a stress-free process when filing patent claims without any worry of infringing on prior art.