Patent Validity

Patents are presumed valid by statute. Sometimes the patent examiner is not aware of the most relevant prior art, which includes foreign patents and other printed publications regardless of language. The presumption of validity may be rebutted, however. Patent validity searches are performed to determine whether prior art exists that could render issued patent claims invalid. Validity searches are often performed because of current or anticipated litigation. A validity opinion evaluates the prior art discovered in the search and determines whether the patent at issue is invalidated by the prior art.

Our attorneys regularly conduct patent validity searches and issue opinions to our clients to aid them in making business decisions and compete more effectively in the marketplace. An opinion that the patent claims are invalid may be a basis for avoiding a charge of willful patent infringement.

 

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