Case Study: Validity Searches

A patent validity search is essential to assess the strength and validity of patents, reduce legal risks and aid in informed decision making regarding acquiring or licensing the patent thus minimizing costly disputes.

Proving a patent's validity or invalidity involves complex legal proceedings. To establish validity, the patent holder must provide evidence showing the patent's compliance with legal standards, including novelty and non-obviousness, often supported by expert opinion and commercial success. Conversely, to prove invalidity, patent professional typically identifies prior art that predates the patent's claims, potentially rendering them unoriginal or obvious.

Yes, a valid patent can become invalid over time. Some of the common reasons include: non-payment of maintenance fees, expiration of the patent's term and legal challenges resulting in a court's or patent office's declaration of invalidity. The specific circumstances and processes leading to patent invalidation may vary by jurisdiction and require legal actions or administrative procedures to handle it.