Invalidity search is a more rigorous prior art search for an invention for which a patent has already been granted. Through the invalidity search, the novelty and inventive step of the patent can be more clearly confirmed, and grounds for invalidation of the patent can also be found. In heated patent infringement disputes, this invalidity search can be a powerful defense.
Patent invalidity search mainly refers to the prior arts search that can invalidate a patent based on claims of infringement of the patentee's rights. Because third parties actively conduct patent invalidity research in response to infringement claims by patent holders, they may find influential cited inventions that were not discovered by patent office examiners. The patent invalidity search includes not only a request for patent invalidity trial, but also a search of prior data to provide information or file an objection.
Invalidity search differs from prior arts search before filing in that there is a specific target that is sought to be invalidated. Since the prior arts search before filing is for patentability, the search scope is very wide, and patent/non-patent literature from all over the world is subject to search, so the efficiency of the search cannot be considered high. In addition, since it takes 1 year and 6 months for patents to be published even similar technology, it may not be possible to find prior documents to confirm whether the first-to-file principle has been violated. On the other hand, invalidity search can narrow the scope of finding necessary data and conduct a more dense search compared to prior arts search before filing because a specific target patent exists and the technology or claims to be invalidated are clear.
WIPS Global provides ‘Invalidation Advisor’ for efficient invalidity search. It is a tool that can be effectively used for detailed invalidity search work by enabling customized reviews for each user through a deep learning algorithm. Let's take a look now.
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| wipsglobal.com> Invalidation Advisor |
Invalidation Advisor is the most useful tool when trying to invalidate a valid registered patent. If you enter the registration number that needs to be invalidated, WIPS' own logic will provide literature that can be used for citation references, starting with literature that requires necessary review.
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| wipsglobal.com> Invalidation Advisor |
Search results can be sorted in the order of recommendation based on WIPS' own logic, or in order of high similarity between documents using a deep learning algorithm.
• Cited
reference: 1 depth cited documents held by target patent and target patent’s patent
family
•
Recommended reference: 1,000 documents using target patent and family citations
• Additional
reference: 1,000 documents using the technical classification of the target patent
If you
select a patent, you can check the details. You can understand the technical
details between reference documents and target patents without moving the
screen.
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| wipsglobal.com> Invalidation Advisor |
My AI : You can use AI algorithms to create a customized list for each user. You can review documents by choosing similarity between documents with the target patent or keyword priority.
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Similarity
priority : Documents are sorted in order of highest similarity. Similarity
analysis is performed on the entire specification using a deep learning
algorithm, and similarity figures are provided.
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| wipsglobal.com> Invalidation Advisor |
Keyword priority : Users can review search results by setting keywords. Expanded keywords are provided for each keyword selected by the user, and the importance of each keyword can be set. Based on the keywords you set, the priorities of the documents are rearranged.
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IDS Check : IDS (Information Disclosure Statement) is a system that exists only in the United States that discloses all information related to patentability by submitting it to the U.S. Patent and Trademark Office. If you violate this, you may not be able to exercise patent rights in the United States even after patent registration, or it may become a major disadvantage in patent disputes. You can use the ‘IDS Check’ feature to check whether there is a reason for effect restriction due to violation of IDS obligations.
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| wipsglobal.com> Invalidation Advisor |
Citation Matrix : You can check the correlation between the target patent and the 1-depth citations of the target patent's patent family. You can visually check which family documents and examination the documents provided in Cited Reference were used in.
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| wipsglobal.com> Invalidation Advisor |
In addition to this, there are many user-friendly features hidden throughout the Invalidation advisor. To facilitate continuous work, you can save the work as is based on the target patent, or take notes during work and save it immediately. You can drag and highlight text while reviewing details, or even write notes on individual drawings (picture above).
Documents that need to be rechecked can be listed as important patents and checked all at once in ‘Note’. User-written notes and important patent lists can be downloaded in word format for reports.
Patent
invalidity search is a difficult and important work of finding and analyzing
the basis for claiming that the patentee's patent rights lack novelty or
inventive step compared to the cited invention, so it is essential to find
published patents in a database. For easier, faster and more efficient work,
please try WIPS Global's Invalidation Advisor.
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