Patent Validity/Invalidity

What is the difference between patent validity & invalidity?

Whether a competitor has accused you of infringing on one of their patents, or there is a blocking patent preventing you from working in a particular area of technology, one of the first steps is to conduct a search to determine the actual validity of these patents.  Similarly, if you are planning on purchasing or licensing a patent, it would be prudent to conduct a search to determine its validity prior to doing so.

What is involved in a patent validity/invalidity search?

Similar to a patentability search, validity and invalidity searches are also looking for relevant prior art, but in this case, prior art which may have been missed by the patent examiners.  Mc2's searches are not limited to any jurisdiction or country.  Using the details of the patent of interest, Mc2 will search worldwide patent and non-patent literature to identify any references which may determine validity/invalidity of the given patent.

What is included in a patent validity/invalidty search report?

Our invalidity/validity reports provide the following:

  • a review of the search methodology including a combination of key terms and relevant patent classifications

  • details about the search findings (information relevant to validity/invalidity will be highlighted)

  • full reference information including links to available full image patents

  • our non-legal technical opinion as to the validity/invalidity of the given patents

How long does a patent validity/invalidity search take?

Invalidity/validity search reports are typically delivered in 5 to 7 business days.

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