Patent Litigation
Build defense strategies and strengthen invalidity position against patent infringement claims. Leverage potential prior art to strategize counterclaims and reduce damages and risk exposure.
A patent invalidity or patent invalidation search is typically conducted as a defense against patent infringement suits. Its goal is to gather prior art that can be used as evidence to invalidate the claims of the asserted patent or patents. In the U.S., the patent claims can be invalidated either through patent litigation in federal courts or through post-grant proceedings such as inter partes review (IPR) or post-grant review (PGR) before the Patent Trial and Appeal Board (PTAB) at the USPTO.
Similarly, a patent validity search can also be conducted in order to assess the strength of the patent. Before a patent owner decides to engage in patent litigation, it is advised to “stress-test” the patent in order to anticipate any potential risks that may be brought upon during any litigation proceedings.
Prior art refers to information that is publicly known before the effective filing date of a U.S. patent application. Prior art may include U.S. and non-U.S. patents and published patent applications, journal and scientific papers, magazine articles, books, product manuals and catalogs, brochures, web pages, conference proceedings and more.
A patent invalidity search report would present all the potential prior art found during the search. In order to assess the degree of relevance, the claims of the asserted patent are mapped against the relevant excerpts of each prior art reference — also called a claims mapping chart.
There are many free and paid databases where you can find patent and non-patent literature:
For more information read our Patent Invalidity Search Guide.
The cost of a patent invalidity search can vary widely depending on several factors such as the complexity of the technology involved, the scope of the search e.g. the number of claims, the jurisdictions where a patent search must be conducted and more.
Generally, patent invalidity searches can range from a few hundred dollars to several thousand dollars or more. It’s essential to consult with a professional patent search firm or a patent attorney to get an accurate estimate tailored to your specific needs and circumstances.
Parola Analytics offers cost-effective, tiered searches that are customized to your search requirements. Send us a message to get a quote.