Every industry is now focusing a lot on R&D and hence thousands of patents are granted every year to the new innovations all around the world. But how many of these inventions are actually valid to hold the patent? It is because UPSTO does not give much attention in proving the novelty of invention during patent examination. You can utilize this opportunity by using patent validation search of IP paralegal.
Using patent validation search of IP Paralegal you may sue your competitors for infringing the already established patents. It will diminish the competition in the market and you can earn more revenue. But lot of people are often confused between patent validation and patent invalidation search. If you are also the same, then this article will surely help you clear all your confusions.
Also read: Patent filing Service: How it benefits you?
IP Paralegal Patent Validation/Invalidation Search
Before we dig deep into finding these terms individually, you should be aware of few things. The only purpose of hiring IP Paralegal for these searches is to assess the validity of a patent granted to an individual. So either you go for patent validationor patent invalidation search. The goal is to find the prior arts (both patented and non-patented literatures) that have the potential to kill the granted patent, either of yours or your competitor’s.
Also read: Patent proofreading: Is it Needed?
Difference between Patent Validation & Patent Invalidation Search
Coming to the difference between the two terms, the answer is both are nearly same. The only difference is in the context they are used.
Patent validation search by IP Paralegal is to assess the validity of your competitor’s patent. It comes in use if you are challenging him on non-novelty of his patent. Here you find prior arts (existing patents) to kill the patent of your competitor. Meaning, he is infringing the invention already in use and hence you may kill his patent grant if your claims are right.
On the other hand, if someone is suing you for infringing the patent that is already in use from past. Then to falsify their claims and prove novelty of your patent, you will use patent invalidation search of IP Paralegal. Here you find prior arts i.e. non-novel claims used by your competitor in suing you. It easily proves the novelty of your patent.
Based on your convenience you can reverse the meanings of both patent validation and patent invalidation. Because what matters is the process involved, and as we discussed process for both of them is same, i.e. finding the prior arts.
Criteria to Decide Prior Arts in Patent Validation
Till now we have understood that patent validation is done to validate the grant of a patent. It is so by searching similar prior arts. If prior arts exist then the patent is not valid. But question that arises is, “what is the criterion or parameter IP paralegal use to decide what all things will be called as prior arts?” Read further to know about it.
Establishing the priority date will help you to find the relevant prior arts. It means all the disclosures similar to the concerned patent, if they are in public domain before the filing date of concerned patent, all such disclosures will be considered as prior arts.
Another criterion is, no matter what publishing date a patent has, novel will be the one whose filing date is earlier. Hence, prior art will be the similar patent whose filing date is before the filing date of patent in concern
Now using the patent validation search, you can easily validate your claims for invalidating the patent of your opponent. Remember you have to prove that the claims in the patent of your opponent are non-novel. And hence they don’t stand a chance to get patent grant.
Also read: prior art search, compulsory or not?
Which IP Paralegal Will be Best For this Role?
Finding prior arts for patent validation requires extensive search of all the relevant patents, and this is not an easy task to do. It requires expertise, skill and lot of time. Hence you should find a professional IP Paralegal to help you in this task. And we can proudly say that you will find no one better than us, “Patent Paralegal Force”
We work with patent search experts coming from all the existing technological domains. The services we provide are easy to claim and highly cost effective available nowhere. Once you choose us, giving the success to you becomes our responsibility. We value time, thus we deliver all your search reports in the time frame we promise to you.