Validity and Invalidity Search

A Validity Search is conducted to assess and evaluate whether an existing patent meets all legal requirements—such as novelty, non-obviousness, and adequate disclosure—to be enforceable. This type of search is often undertaken in response to patent infringement allegations, and as part of due diligence during mergers and acquisitions. The primary objective of a validity search is to review patent claims and identify prior art that may have been overlooked by the patent examiner during the initial examination process— ensuring that the patent holds up under legal scrutiny. Such prior art, if discovered, can potentially challenge or invalidate the patent’s enforceability.

On the contrary, an Invalidity Search is aimed at challenging a patent’s enforceability by rigorously identifying prior art and other factors that may undermine its legal standing. This search is typically conducted to develop a defense strategy at the time of countering infringement claims, and proving a competitor’s patent is weak; and during due diligence, before investments or licensing negotiations, to assess potential vulnerabilities.

By thoroughly examining the patent’s claims against relevant patent and non-patent literature, we at Khurana and Khurana help clients:

• Challenge the validity of a patent to avoid or mitigate infringement liabilities.

• Assess the patent’s strength and commercial potential before entering licensing or acquisition deals.

• Prevent costly licensing fees by determining if the patent can be invalidated on legal or technical grounds.