Learning About The Advantages And Disadvantages Of An Invalidity Search
- sagaciousipresearc
- Nov 20, 2020
- 4 min read
The debate about the advantages and disadvantages of a patent invalidity search is a prolonged one. The benefits of searching for obtaining information about the patents are unquestionable for most of the organizations associated with research and development, marketing, and business managers. It is seen that many legal counsels argue about the potential risks that outweigh the benefits. If the IP checkups stand firm on the grounds of more benefits than the risks, then you can use that opportunity for detailing both sides of the debate. Two risks which relate to legal principles are as follows-
Willful infringement, as well as the potential for damages that are enhanced.
The duty of disclosing the rule as well as the possibility of claims that are of inequitable conduct.
Another risk of patent validity search is a wastage of time. Also, there are several benefits of patent searching, which can fundamentally relate to the reduction of redundant research and certain risks of infringement, gaining insights into the competitor's activity. Patent searching helps speed up the time of commercialization and increases the opportunities of monetization and that of licensing for patents. If we compile each risk and each benefit specifically, it would allow a meaningful discussion and ensure decisions that are best possible for both short and long-term endeavors.
The purpose of a patent search earlier was mostly based on three issues:-
Patentability- Examiners did this to determine whether any patent which was published earlier or subject to prior art search, along with scientific journals, product brochures, or any other publication had an existence before the filing of a new application for a patent which would have an impact on any new idea which could receive a patent grant.
Validity- Patent examiners conduct validity searches to determine whether or not the claims of any granted patent could be subjected to challenge and could become over-tuned based on a prior art publication.
Infringement- Examiners conduct infringement for finding out the limitations of every claim of granted patents, which are literally found in certain products and processes. This enables the patent owner to stop any other people from using or selling the product by making the same.
At present, there are millions of technical papers and patents which are available online and in a searchable form. But even then, there are clients who put up the claim that patent attorneys do not search for patents efficiently. Sagacious IP Research is an award-winning IP research company that helps all its clients and customers with the proper identification of patent and non-patent documents that impact the claims of the validity of a patent. Our company uses a unique methodology that helps us gain information for our clients quite easily, along with identifying prior arts that are relevant and delivering information that our client wants to obtain. We structure our clients' services as per their requirements; thereby, it enables us to make some quick IP decisions.
Patent Licensing
While learning aspects of patent search, it is important for you to also learn about patent licensing. It is an idea of how you patent any innovation which you have found out, and it is a type of agreement that is revocable in nature. It happens between an owner of the patent and the licensee who transfers a patent's interest to a licensee. At the same time, the patent holder and the licensee must be able to benefit from the process and enforce the rights of the intellectual property accordingly. An owner of the patent can license or transfer the patent's interest according to their own will. On completion of licensing, the licensor gives up the rights to intellectual property for a given time duration.
The person who is licensing the patent can also make or sell the invention at the time of licensing. Usually, there are two types of licensing observed. They are:-
Exclusive Licenses- These patent licenses transfer the rights of ownership to a patent. The licensor owns the title, and all patent owners need to agree mutually to an exclusive license.
Non-Exclusive Licenses- These licenses make allowance to the licensee for producing the design of the invention where the licensee actually does not gain any kind of rights. The licensor and the other parties can produce certain designs or inventions where only one patent owner can agree to bear a non-exclusive license.
Under ordinary conditions, some people may assume that an invalidity search is almost near to impossible projects since the patent examiners already scrutinize all the patents for non-obviousness and novelty conditions. This logic might fail since the advancement of databases and electronic publications of any old literature might probably lead to any irrelevant documents getting published. This can form the basis of any kind of invalidity searches. The concept of invalidation search is very much similar to the study of patentability. IP examiners usually conduct an effective patentability study before the restricted date of filing of the PTBI. Thus, we can say the ultimate objective of patent invalidation search is to make a patent invalid or revoke a patent registration that is already registered or is subject to pre-grant opposition under claims of application of a published patent.
Our company is one of the leading IP experts, globally. It helps all our clients lead innovation with integrity as we dedicate ourselves to serve all of them with critical technical research that they desire. We can assure our clients to provide them with certain pertinent solutions, and the highly experienced and professional employees are confident of their ability to satisfy all clients. Our company's main vision is to establish ourselves as one of the trusted partners of IP solutions all over the world. Our company also follows certain core values like empowering the environment, maintain high standards of work ethics, holding no barriers to communication, and prioritizing customers first.
Comments