The validity search is a specific type of patent novelty search. The former is conducted to make sure that the patent was validly granted to the patent holder. This process can be extremely complicated and is not as simple as placing keywords in a patent search engine box and then getting an answer to pop out. Since it is a process, there are vital steps to consider along the way. Here are some of the steps you must look into with this patent related search that usually comes sometime after a novelty search has been performed.
First, you have to prove that your product is patentable. This is where the role of novelty search comes in. In this process, there are three prerequisites to consider. You have to prove that the product is novel or original and also that it has not been sold or published in the market for over a year. In line with this, you have to assert that your product is useful enough to carry its functions and to serve its purpose for the end users. Finally you have to show that your invention is not an obvious improvement over an existing product or invention To prove all these points, a patent novelty search will also be necessary.
A validity search should support the decision made in a novelty search. To be able to do that, this search should be conducted regardless of how certain you are with the patentability of your soon-to-be launched product or service. By doing so, you will be able to strengthen your invention at the same time get a less complicated patent application process. This will also help you get rid of possible litigation attacks and validity questions as to your product or service.
If someone else questions the validity of your patent claim, the validity search will also serve its purpose. If another party claims invalidity of the patent granted to you, they will do everything to prove that your patent is really invalid. This may then result in issues that will lead to a court trial and patent investigation needing to be performed. On your part as the patent holder, you should disprove these claims as your opponents assert their invalidity issues on your patented technology. Be ready to defend yourself by hiring assistance from IP attorneys or paralegals.
In cases when your patent is copied by another party, you may use the validity search to support your patent infringement claims. This will be crucial for you to prove that the plaintiff indeed copied your patented technology. Remember that the patent search may also be used by someone who is seeking a patent license from your existing product. This is for these future patentees to lower down the minimal royalty payments you require from them. Therefore, you have to make your necessary steps to contest these future problems.
A validity search therefore is not just done in order to support a novelty search. It can be used in a number of ways by you as patent holders. This patent-related search is crucial for you to disprove invalidity claims made by other persons who want to claim the patent license already granted to you. At some points, you may also make use of it in support for patent infringement searches. If you want to receive royalty payments due to you from those whom you are granting your patent’s license, this type of search also be of great help.