Patent invalidation:

defend a patent claim to show that the existing patent is invalid and improperly granted. This is done by discovering a record that demonstrates that the claimed invention is not novel or non-obvious.

Why do people invalidate?

* Invalidation search is a defensive tool used by a company when it is infringing a patent

* It is the one carried out by a company to practice a technology without paying royalties to the assignee who owns the patent rights to be invalidated.

* It can be used by a company to find out if someone is infringing their patent.

Patent nullity procedure:

a) Retrieve the international search report for the patent to be invalidated and verify the patents listed there.

b) Background study

1) Read the patented invention or the invention to be invalidated in its entirety.

2) Get a thorough understanding of the invention by referring to the drawings.

3) Locate the inventive step of the patent to be invalidated

4) Prepare mental maps or flowcharts of the study you have done to remember later

5) Search through Google and other databases to get different possible terms for inventive steps

6) Hold a Brainstorming Session

c) Preparation of taxonomy or technology evaluation parameters

1) Locate procedure step by step

2) Select the claims to be invalidated

3) Break claims into parts.

4) Write the broken parts of the claims in simple language for easy understanding and analysis.

5) Prepare a mind map or flowchart of the taxonomy

d) Preparation and search of keywords

1) Geographical conditions: Restrict the search with the priority date if the target patent is a US patent. (Note: if you are invalidating a European patent, the publication date of the source patent must be before the priority date of the target patent)

2) Use appropriate databases to search

3) Search by developing the search strategy using the area of ​​application of the invention or the elements.

4) Search by developing the search strategy using the problems of inventions

5) Search by preparing the search strategy using the solutions of the invention

6) Use different synonyms of the elements or steps of the invention

7) Locate the relevant International Patent Classifications (IPCs) and search with them

8) Try searching using broad queries first, then use more specific queries if you find the results are on target.

9) Modify queries if search results are vague or inappropriate

10) Search using keywords that match different technical possibilities of the elements of the invention

11) Try to get into the areas where the invention can be alternatively applied or think outside the box. Strategize using those areas and look for

12) Change databases accordingly

13) Use appropriate database operators to formulate queries

14) Change the scope of the queries accordingly. For example: claims or (title and abstract) or description, etc. Depending on the databases

e) Analysis

1) Look at the title and abstract and decide if the document is on target or not.

2) During this decision, consider logging on the target if you find it minimally relevant as well

3) Always keep in mind the steps of the invention

4) Use diagrams which is considered a universal language for analysis

5) Try to interpret the steps in the context of the document you are studying if the section of the document seems relevant

6) Try to write the analysis in the context of the claim or part of the claim you are working on.

7) If you find most of the elements in a document, read it more carefully to find the rest. This is to prove that the document is an X attack.

8) Be patient when analyzing documents

9) Mark the relevant areas of the analysis in a pdf file, so that it is easy for the client to understand

10) Prepare the analysis sheet in a more interactive and easily understandable way