A patent specification is a complex techno-legal document and drafting a patent is a critical function which helps you to protect your invention. It is the most critical document which protects your invention and thus needs to be drafted to perfection. Drafting a patent specification requires a deep understanding of technology as well as complete knowledge of relevant procedure and laws. Patent attorneys tend to use the phrase Patent Drafting/Preparation to indicate the process where they write the patent description and claim. This is a very creative and bespoke process in which they transform the inventor’s idea into a document to get the best possible patent.
While drafting a patent, you will require a patent attorney who truly understands your invention from a technical perspective and can translate the insights into a strong patent application which provides your business with a strong protection for your innovation. Now, there are certain situations when patent needs to be enforced depending upon the industries. Sometimes you need to know whether a patent is valid or invalid.
A patent validity search or invalidity search is an analysis for understanding the strength of patent claims. It can be used in determining the viability of an invalidity defense while facing a patent infringement suit. These patent validity searches can also be used to pro-actively assess the validity of a patent prior to enforcing it.
When to use a patent validity search?
- To invalidate patent when threatened with infringement
- Prior to patent licensing
- To prepare for patent enforcement
What are the things that need to be provided for a patent validity search?
- Patent number and the specific claim which you need to invalidate
- Target priority date
- Any known prior arts that is not listed
When to conduct a patent invalidity search?
- Upon receiving a patent infringement complaint from a patent owner
- Upon receiving a cease and desist notice from a patent owner
- Prior to enforcing your own patents to determine invalidity risks
- For pre-issuance submissions, post grant review(PGR) proceedings
Lastly, before you sue someone for patent infringement always carry a validity search to confirm the strength of your legal claims. And, if someone has sued you for infringing a patent then you can use a patent validity search to invalidate that patent. So, ensure to choose a trusted and highly skilled patent attorney who can meet all your specific needs and provide you with the best protection and patent to your inventions.
Read More at : www.iiprd.com
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