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KeyDifferences
BetweenValidityand
Objective
Timing of Use
Who Uses It
Legal Strategy Role
Report Outcome
Validity Search:
Confirms the strength and enforceability of an existing
patent, typically before litigation or licensing.
Invalidity Search:
Aims to challenge or revoke a competitor’s patent by
uncovering prior art that questions its novelty or non-
obviousness.
Validity Search:
Conducted after patent grant, especially before
investment, acquisition, or infringement actions.
Invalidity Search:
Typically used during or before litigation, or when facing a
potential infringement lawsuit.
Validity Search:
Broad but focused on confirming no prior art exists that
could threaten the patent.
Invalidity Search:
Aggressive and extensive, searching for any prior art that
could defeat claims.
Validity Search:
Supports litigation defense, due diligence, or portfolio
valuation.
Invalidity Search:
Forms the core of a legal attack, such as inter partes review
(IPR) or courtroom defense.
Validity Search:
Results in a strength assessment, rating how likely the
patent is to hold up in court..
Invalidity Search:
Results in evidence compilation that can be submitted to
challenge the patent’s legitimacy..
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Key Differences Between Validity and Invalidity Patent Searches | InventionIP

  • 1. KeyDifferences BetweenValidityand Objective Timing of Use Who Uses It Legal Strategy Role Report Outcome Validity Search: Confirms the strength and enforceability of an existing patent, typically before litigation or licensing. Invalidity Search: Aims to challenge or revoke a competitor’s patent by uncovering prior art that questions its novelty or non- obviousness. Validity Search: Conducted after patent grant, especially before investment, acquisition, or infringement actions. Invalidity Search: Typically used during or before litigation, or when facing a potential infringement lawsuit. Validity Search: Broad but focused on confirming no prior art exists that could threaten the patent. Invalidity Search: Aggressive and extensive, searching for any prior art that could defeat claims. Validity Search: Supports litigation defense, due diligence, or portfolio valuation. Invalidity Search: Forms the core of a legal attack, such as inter partes review (IPR) or courtroom defense. Validity Search: Results in a strength assessment, rating how likely the patent is to hold up in court.. Invalidity Search: Results in evidence compilation that can be submitted to challenge the patent’s legitimacy.. 01 01 02 02 03 03 04 04 05 05 www.inventionip.com