Patent Invalidity Search | CopperpodIP

Patent Invalidity Search: New Approaches to Prior Art Search
What is Patent Invalidity Search?
A patent invalidity search is a process to invalidate a patent. The patent invalidity search is performed to find the relevant published literature (including patents, technical papers, products, manuals, and even university theses), videos, and/or products available before the priority/filing date of a patent.

1. For new inventions, a prior art search helps you determine how likely is it that your invention (or portions thereof) will receive a patent.

2. For existing patents, a prior art search helps you challenge their validity (for example, through an Inter Partes Review at the Patent Trial and Appellate Board).

3. For patent licensing, a prior art search is performed to extract high-value patents in a patent portfolio and explore licensing opportunities. (Patent portfolio mining)

As per the statistics from 2015, almost 90% of petitions instituted at the PTAB result in at least one claim being invalidated – while 20% of the petitions result in a full invalidation of all asserted claims.

80% of PTAB petitions that are fully instituted result in successful patent invalidity – and the rate drops to almost 50% for partially instituted petitions. This statistic highlights an important point – a deep and diligent patent invalidity effort at the institution stage greatly increases the success rate for the petitioners. Even outside the realms of the PTAB, patent invalidity through §102 and §103 prior art issues remains the most popular and successful strategy for defense.

Finding and analyzing the right prior art at the early stage can be difficult, of course – though a number of consulting outfits are available as an inexpensive resource for lowering the costs of the search. Streamlined processes and economies of scale and geography generally allow such firms to reduce the cost of prior art searches by over 40-60% (compared to using law firm resour