Reasons for invalidating a patent dating ball fruit jars
In some cases, analyzing the references cited by the examiner and there family members can be helpful, as it’s always possible that the examiner may have missed out on few key excerpts which may help in invalidating the patent.
Paid patent databases usually enable identification of superior results as compared to free databases for various reasons such as, wide data coverage, abundant options to query the database, flexible search interface, and various additional features like similar patent search and citation analysis, among others.
Such analysis may also provide an insight into keywords, key strings, and classification used by the examiner, references cited by examiner and applicant, arguments of both parties, and reasons for allowing claims, among others.
Further, the searcher may have a clear idea about the aspects of the claims which are critical, and can lay out strategies for finding references teaching such aspects.
However, as a rule of thumb, it’s always advisable to consider the filing date of the patent in performing an invalidation search, as an attorney can take the final decision and filter the references at a later stage, if required.
Additionally, in case a reference found to invalidate the patent is a PCT (Patent Co-operation Treaty) application or a national phase application claiming priority from different applications, a searcher should keep in mind that the effective date calculation for the reference may vary based on the jurisdiction of the patent to be invalidated.
In such scenarios, searchers can utilize web archive resources like “waybackmachine.org” to check whether the disclosure is available before the established priority date.
Searcher should also keep in mind that every search is different and a single protocol for all searches does not exist.
In such scenarios, it may be difficult to identify the exact priority date since the patent is claiming priority from multiple applications.
Patent invalidation/validation searches are performed to assess the validity of a granted patent.
In general, an invalidation search is sought by companies sued for infringing a granted patent claim(s), and a validation search is sought by an entity/individual before suing an infringer to assess the patent’s validity.
For example, in certain scenarios, as per US laws, a U. patent application publication of a National Stage application and a WIPO (World Intellectual Property Organization) publication of an international application are considered to be prior art as of the international filing date only if the international application was filed on or after November 29, 2000 designating the United States and was published in English.
Once the priority date is established for the patent to be invalidated, the searchers next goal is to find references (non-patent literature or patent literature) which are available before the established priority date and disclose the claimed limitations of the patent in question.
In general, any disclosure that is available to the public before the date of filing of the patent to be invalidated is considered prior art.