Patent Invalidity Searching: What You Need to Know
If a company accuses you of patent infringement and demands royalties, your best move might not be a courtroom battle—but a patent invalidity search . Also known as an opposition search, this process helps determine whether a granted patent (usually a competitor’s) can be challenged or invalidated. The goal? To uncover prior art —existing publications, products, or patents—that could have been missed during the original examination. Why Invalidity Searches Matter Invalidity searches carry major strategic value in both litigation and intellectual property (IP) management : In court, they can defuse an infringement claim , potentially saving millions. For IP strategy, they help assess the strength of existing patents , spot competitor threats , and reinforce your own patent portfolio by fixing weaknesses before others exploit them. When and Where They're Used In the U.S., invalidity searches are essential for Inter Partes Reviews (IPRs) —a key trial process under the ...