A Patent Validity Search or Patent Invalidity Search is an exhaustive Prior Art Search conducted after patent issuance.
The purpose of the search is either to validate the enforceability of a patent's claims or to invalidate one or more claims of a patent, respectively.
review (IPR) and other post-grant petitions with multiple, potentially redundant grounds for review now have clearer guidance on (1) whether the institution of those petitions can be reviewed; and (2) whether estoppel applies to rejected grounds for review.
In the recent decision, the Federal Circuit held that when the U. Patent Office (PTO) denies institution of an IPR on a particular invalidity ground because it is redundant of another ground, that decision cannot be reviewed on appeal.
Shaw Industries responded by filing an IPR petition seeking to invalidate the patent-in-suit.
The IPR petition included three grounds for invalidating claims with three separate sets of prior art.
In many countries, similar to the opposition proceedings, any person, not limited to an interested party, could request an administrative review.
In general, the administrative review constitutes a forum outside a court, composed of a panel of experienced examiners and/or administrative judges, for reviewing the validity of a patent.
In some countries, the administrative revocation and invalidation is the only mechanism to challenge the validity of patents before the administrative body, such as in China, Japan, the Republic of Korea and the United Kingdom.
Finally, Judge Reyna, in a concurring opinion, argued that the PTO’s refusal to provide an explanation for denying institution on redundant grounds constitutes a violation of the PTO’s obligations under the Administrative Procedure Act (APA).
Automated Creel Systems (ACS) sued Shaw Industries for patent infringement.
With potential adverse judgments sometimes running into the hundreds of millions of dollars, it makes good business sense to have an experienced U. patent attorney conduct your prior art patent invalidity search.
Although we will start by using conventional patent prior art database search techniques, we will leave no stone unturned.