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What is an invalidity search?

BananaIP Counsels > What is an invalidity search?

What is an invalidity search?

A patent invalidity search is a search conducted to invalidate claim(s) of an issued patent by uncovering appropriate prior art. Generally, the invalidity search will be of interest to a company/organization which is alleged to have infringed a patent. Although, each claim of a patent is presumed to be valid when granted, it is possible that the Patent Office may have allowed claims in error by overlooking the best prior art at least because of the limited time and resources allotted to a patent Examiner for conducting prior art searches. In such instances, the invalidity search conducted for the patent in question will/should uncover better prior art than the prior art of record uncovered earlier by the patent examiner.