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A Guide To Learning Ways Of Validating Or Invalidating Patents With The Best Services
by Amit Sharma Small BusinessPeople dealing with rights of intellectual property are very much acquainted with the term patent invalidity search. An invalidity search is an opposition search of patents for identifying patent or non-patent and may bring about impacts in the claims of certain specific patents. It means to challenge the inventiveness as well as the novelty of the concerning claims of the patents. With the implementation of a patent invalidity search, a person or a patent attorney can block certain patents which are useful for the acquisition of companies or licensing. If you want to prove that a patent that you are concerned with is invalid, then your defendant must attack the same patent on the grounds of novelty or non-obviousness.
This involves showing the prior art that will anticipate or render the claims of the patent, which is obvious and also proves that the sales or the disclosure of any invention had been patented quite a few years before. This may occur even before the filing of the application of the patent. Hence, sometimes the invalid patents shall also serve as a defense.
How Long Is The Validity Of A Patent?
The validity of a patent is often quite long. You can protect a patent from the date of its priority, thereby allowing the patent holder a right to the ownership of the same in a very potent form of a power that is commercial and can sustain competition from causing encroachment in any of the given spaces of the market. For holding the patent in various sector or industries, it could indicate the life and death of the organization. If the patent is a US utility patent, then it is usually valid for twenty years from the date which was considered as its patent priority. Usually, various organizations dealing with patents grant protection of the same for 14 years. The fees of patent validation, as well as its renewal, is dependent upon the fees of its USPTO filing, drawing fees, and the fees of the lawyer.
How To Make A Patent Stay Valid?
Sometimes, a patent invalidity search can turn out to be highly advantageous for any business or organization. It often emerges a very significant strategy of the business. It is, however, very important to take into consideration what are the constituents of a valid patent in the first place. As per the USPTO, a patent is said to be valid in the United States if,
- It contains a patent-eligible matter as its subject- There are certain subject matters which are considered excluded from the patentability by every jurisdiction of patents all over the world. An example of the same can be the law of nature in the US. Any kind of physical phenomenon or ideas of abstract is also not considered to be eligible.
- The matter or subject should not be disclosed- A patent, before being considered valid, must be subjected to proper registration as well as publication.
- It cannot be patented already- To render a patent valid, it has to be ensured that no other individual or organization, or business can hold a patent for the same invention or finding.
- The idea of the patent has to be novel- The idea of the new finding or invention must be exclusive and new.
- It should serve a predetermined purpose- This can be possible only if the patent is a utility patent. Such patents serve useful purposes. Usually, patent attorneys exempt any kind of plans or designs from the same.
- It should be non-obvious- An invention that can be obvious to any person of ordinary skill in the art during its invention cannot be rendered valid for search. Hence, for such inventions, a patent validity search cannot be conducted.
After having known about how we can validate a patent, it is time that we get to know about ways in which we can render a patent invalid.
Approaches To Making A Patent Invalid
- Through prior art- This is the most frequent and popularly used way of rendering a patent invalid. You can locate a prior art for the patent that you have claimed as prior art is nothing but public information that was available to the prior art before the date of priority and it gives teaching on the claimed invention of the concerned patents.
- By giving proof of public sale or usage- You can easily render a patent invalid by producing evidence that the invention that was patented was sold or was used within a time of one year before someone applied for the patent. This trick also suggests whether the patent was known or patented earlier or whether it is at all an original invention.
- By proving that the patent is providing improper information- It is the simplest as well as the most ignored way by which a patent is rendered invalid. The existence of a patent in the first place is questioned through this process.
- Oath of an inventor- In the law of patents, an inventor of a patent is someone who bestows input to how significant is the invention in the claim. The inventor takes an oath in the process of applying for the patent for honoring or rendering security to the investors. Often the patent office finds such action to misinterpreting the inventorship under the oath of the office. This is grounds for the patent to be invalidated.
Our company Sagacious IP is a leading service provider of patent validity and invalidity search, and we efficiently serve several clients all across the globe. The professionals working at our company are very talented and hard-working, who cater to the needs of the customers without fail. We also provide services to several other services, including patent licensing. Our company follows all the current practices and laws that are followed in the field of IP all over the world. It is through commitment and dedication that we emerge out to be one of the trusted and reliable IP service providers with a huge base of clients all over the world.
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About Amit Sharma 
Small Business
41 connections, 0 recommendations, 113 honor points.Joined APSense since, December 22nd, 2016, From New Delhi, India.
Created on Mar 22nd 2021 00:17. Viewed 117 times.
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