A validity (or invalidity) search is a search that enables one to determine the validity (or invalidity) of an already issued patent.
A patent granted by the United States Patent and Trademark Office (USPTO) is assumed valid. However, there are instances where a patent granting institution (such as the USPTO) unintentionally overlooks or misses a publication or other information related to a patent application during the patent examination process. This results in an issuance of a patent for an invention that should not have been granted. The validity search is a means to find that missing or overlooked publication or information (which must predate the filing date of the issued patent).
The result of the validity search may be used to support the validity of an issued patent or its invalidity. That is, if a missing or an overlooked reference that predates the issued patent is found, it may be used to support the invalidity of the issued patent, whereas if none is found, then the patent is continued to be assumed as valid.
Please contact Patent Law Agency, LLC for your free, no obligation initial consultation to learn about which type of search best suits your needs and the minimum requirements needed to commence conducting a validity search, and a patent practitioner will gladly assist you in all the details.
GET IN TOUCH