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Patent Invalidity Search
Protect, strengthen, and maximize the value of your patent portfolio through our comprehensive patent invalidity search services.
Who this is for
PRIOR ART SEARCH
What is a patent invalidity search?
A patent invalidity search identifies prior art (earlier patents, publications, or other public disclosures) that may demonstrate that a granted patent’s claims were not new or were obvious at the time of filing. Patent litigation teams conduct a patent invalidity search to build invalidity defenses in various venues such as in courts, post-grant proceedings at the USPTO, and in section 337 investigations at the ITC. Patent owners may conduct a patent invalidity search to stress-test their own patents before pursuing enforcement.
A patent invalidity search is also called an opposition search.
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USE CASES
When do I need a patent invalidity search?
Patent invalidity searches are used to evaluate whether a patent can withstand validity challenges. They can support litigation, PTAB proceedings, licensing and investment decisions, as well as pre-enforcement assessments.
Read more on our Patent Invalidity Search Guide.
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.
Post-Grant Proceedings
Build strong patent invalidation arguments by uncovering relevant prior art. Strengthen petitions for patent invalidation in PTAB proceedings such as inter partes reviews or post-grant reviews.
Patent Due Diligence
Evaluate the validity and strength of patent assets before acquisitions, licensing, and investments. Identify potential prior art risks, assess enforceability, and gain the confidence needed to make informed IP decisions.
Learn more about our Patent Due Diligence services.
Patent Stress Test
Assess the strength of a patent. Before asserting a patent against potential infringers, evaluate patent validity through our comprehensive prior art review. Identify weaknesses early, strengthen enforcement strategies, and reduce the risk of counter-invalidity challenges.
Why Parola Analytics
Expert-led patent invalidity search
Our search projects are led and reviewed by U.S. patent practitioners, ensuring high quality, relevant results.
We have completed over 5,000 patent search projects across patent invalidation, patent due diligence and patent enforcement initiatives.
Gain access to our network of IP experts
U.S.-registered patent attorneys, agents, and former USPTO patent examiners lead and supervise our search projects. IP practitioners ensure a deeper understanding U.S. patent law.
Technical proficiency
PhD-level subject matter experts experts with diverse technical backgrounds across various industries.
Foreign Language Support
Native-language CNIPA and CNIPR database searches, including Chinese-language NPL from academic and standards sources.
Flexible, cost-effective solutions
Get customized solutions that match your timeline, budget, and workflow: whether as a one-off project or part of a long-term partnership.
Client Success Stories
Extensive experience supporting in-house IP and patent litigation teams
What our clients are saying
Trusted by patent experts
“The first search Parola Analytics, Inc. performed for us provided the key reference supporting our invalidity position on a patent we were evaluating.”
Sean M. Dean, Ph.D.
Fish & Richardson
"Parola analysts uncovered prior art that even opposing counsel’s team could not during litigation.
The quality of their work and deeper understanding of the subject matter were instrumental to the case that we eventually won.”
The quality of their work and deeper understanding of the subject matter were instrumental to the case that we eventually won.”
Saqib J. Siddiqui
Mayer Brown
“We have worked with Parola on two matters, and both times, Parola delivered outstanding results.
Parola’s highly-relevant search results and reports demonstrated a thorough understanding of the patent claims.”
Parola’s highly-relevant search results and reports demonstrated a thorough understanding of the patent claims.”
Daniel Kiang
Knobbe Martens
“Vincent Violago and his excellent team at Parola Analytics provide high quality, detailed, prior art search results with minimal oversight and handholding.
These guys are highly educated and experienced in their field and work together with great efficiency. The work product is top-notch.” Read more
These guys are highly educated and experienced in their field and work together with great efficiency. The work product is top-notch.” Read more
James A. Fussell III
Mayer Brown
“The team at Parola Analytics did an excellent job in providing us with the highest-quality prior art research service.
The team’s search report highlighted the best prior art references with an easy-to-understand format. In short, the team proved itself.”
The team’s search report highlighted the best prior art references with an easy-to-understand format. In short, the team proved itself.”
Ryan Phelan
Marshall, Gerstein & Borun
"We have been impressed with Parola Analytics search results for mechanical devices and software-related inventions.
Each report impacted the decision regarding how to proceed with IP protection."
Each report impacted the decision regarding how to proceed with IP protection."
John Boyd
FisherBroyles
“Parola Analytics is our trusted partner for prior art search contests on PATROLL, Unified Patent’s crowdsourcing platform.
With their expertise in prior art searching, Vincent and his team at Parola Analytics are valuable partners in reviewing prior art submissions to our contests." Read more
With their expertise in prior art searching, Vincent and his team at Parola Analytics are valuable partners in reviewing prior art submissions to our contests." Read more
Sam Jaffna
Unified Patents
“I recently engaged Parola Analytics to conduct a prior art search on a difficult U.S. patent that had already stymied another search firm that delivered two unusable references.
Parola found four much better references in two weeks that demonstrated a deeper understanding of the search and an effective selection of the best references."
Parola found four much better references in two weeks that demonstrated a deeper understanding of the search and an effective selection of the best references."
Barry Shelton
Shelton Coburn
"Parola’s success is based on a singular strength, the quality of its analysts.
With their scientific and engineering background, coupled with their keen insights into emerging technologies and trends, Parola’s team proved the ideal partner for Fastinform in our complex and time-sensitive challenge." Read more
With their scientific and engineering background, coupled with their keen insights into emerging technologies and trends, Parola’s team proved the ideal partner for Fastinform in our complex and time-sensitive challenge." Read more
Marius Meland
Founder, Law360
Dig Deeper
Patent Invalidity Resources
USE CASES
High-stakes Patent Litigation
Find out how we provide patent litigation and in-house IP teams with litigation-ready patent research support in complex, high-stakes patent infringement cases.
SERVICE
Patent Litigation Consulting
Our patent practitioners are equipped to provide technical guidance throughout pre-trial investigations and discovery.
Service
Patent Due Diligence
Find out how we help clients in their patent due diligence processes: from patent validity, enforceability, and FTO assessment and more.
Frequently Asked Questions
Patent Invalidity Search FAQs
When should I conduct a patent invalidity or invalidity search?
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.
What is prior art?
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.
What is in patent invalidity search report?
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.
Where can I find prior art?
There are many free and paid databases where you can find patent and non-patent literature:
- Google Patents
- Espacenet
- WIPO
- Google Scholar
- Sciencedirect
- Arxiv.org
- PQAI – AI-Powered Patent Search. Try for free.
For more information read our Patent Invalidity Search Guide.
How much does a patent invalidity or validity search cost?
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.
How long does a patent invalidity search take?
Parola Analytics provides various timelines for a patent invalidity Search.
QuickSearch: 5 days
QuickSearch is our preliminary search option that is commonly used for early-stage review, triaging risks and assessing the landscape before deciding if a full patent invalidity search is needed. It is useful for patent attorneys in giving quick go/no-go recommendations to clients.
Full Patent Invalidity Search: 3-4 weeks
The full search is an exhaustive search for more complex technologies, or for patents involving earlier priority dates. This search provides an interim report at the midpoint of the engagement to allow for fine-tuning and optimization.
What information do I need to provide to start a patent invalidity search?
If you are named in a patent infringement suit, it is helpful to provide the patent number and the specific claims asserted against you.
Can a non-U.S. prior art invalidate a U.S. patent?
Yes. Foreign patents, applications, and other public disclosures can serve as prior art in a U.S. invalidity challenge, as long as they were publicly available before the patent’s effective filing date.
What happens if no strong, invalidating prior art was found?
For patent owners who are looking to assess the strength of their patent, this is a positive result. For those who are seeking to invalidate a patent, an invalidity search serves as an assessment of the prior art landscape and provide insights into other possible defenses that may be pursued.
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Get experts to do your research.
Book a free consultation or send us a message.
Book a free consultation or send us a message.