
In this module we will study about
Difference between a validity/invalidity search
When is a validity/invalidity search performed
Statutory provisions related to validity/invalidity search
Case laws and examples
In this module we will study about
Using Image file wrapper/file history to identify exact novel feature of the target patent to be validated/invalidated
Significance of priority date of the target patent
Importance of citation analysis for validity or invalidity search
Challenges faced by a searcher in performing the search
In this module we will learn anatomy of a patent and various techniques that are commonly used to search patents, such as:
Keyword search;
Classification code search;
Assignee search;
Inventor/Author search; and
Citation Analysis.
In this module, we will
Demonstrate the process of performing a validity or invalidity search, using the
Databases such as Espacenet, USPTO Database, WIPO Patentscope
In this module, we will learn
How to map target patent claims with the identified prior art
Assessment of novelty, non-obviousness with respect to the identified prior art
Writing a validation/invalidation report
Validity/Invalidity Search, also called as validation/invalidation search is one of the most complex patent searches. This search is performed to uncover patents or other published prior art that may render a granted patent invalid. It may be performed to assess strength of a patent for the purpose of valuation and licensing. Generally, the deliverables for a Validity/Invalidity search consist of a search report, a claim mapping chart, and citation of prior art. This search Report is used to invalidate a patent involved in infringement litigation or to support due diligence and ascertain the validity of a patent, hence it is very important to be diligent while performing this search.
Key learnings
Kinds of patent searches and need to perform a validity or invalidity search
Basics of patent search techniques and formulation of search strings/strategies
Identification of the statutory grounds that may be used to invalidate patent
Mapping of prior art results with the given patents
Write opinion on validation or invalidation of the patent
Who should join?
The course is useful to any person keen to pursue career in IPR, fresh students as well as working IP Professionals who want to enhance skills and experience in performing various kinds of patent searches.
Mode of training
The course modules are in the form of videos containing text and voice over that explain each topic with examples and screenshots.
Disclaimer
Certificate Course on Validity/Invalidity Search has been developed by Origiin IP Solutions LLP. The purpose of this course is to help students to learn the search techniques involved while conducting a Freedom to Operate search, by means of simple examples.
Most importantly, the course also focuses on using patent limitations as an opportunity in case of potential infringement, along with possible infringement bypass options.
The course broadly covers popular jurisdictions, such as, US, EU and India. However, the students shall study the statutory provisions of the respective jurisdiction before giving an infringement opinion.