How is Validity Research Used?
Validity research is a useful tool in the IP practitioner’s arsenal. Many clients utilize validity research for a myriad of case requirements. While validity research is primarily used to determine the strength of a patent with regards to litigation or re-examination, it is also a valuable tool for evaluating elements of a patent portfolio.The use of litigation as a method for maintaining patent rights is on the rise with the ever increasing backlog at the USPTO. Economic pressure has resulted in new corporate reviews of IP portfolios. Decision-makers are debating more aggressive usage of their existing IP assets or the purchase of new, key IP assets. Validity research adds pertinent information to the formation of corporate patent valuation strategies. The fundamental requirements of these assessments dictates the greatest attention to detail and thoroughness of research.
How is Validity Research Conducted?
Validity research is used to establish the enforceability of an issued patent in court or before the USPTO. The claims of the subject patent are compared with prior art references published before the priority date of the subject patent. A Claims Comparison Chart is provided with results to visually represent the relationship between cited prior art and the most important claimed elements. Express Search validity research includes both detailed research results as well as legal status information for each of the cited references. Opinion-free comments include column/line/figure and claim references to point clients directly to the most important features of the cited art. Coupled with keyword searchable electronic patent copies, clients can quickly and accurately prepare their validity materials. Non-patent literature may also be included to provide an additional scholarly overview of the field of technology.