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Validity/Invalidity Search/Opinion

When used:

To defeat an existing patent, typically after threats of litigation, or filing of a lawsuit for infringement of a patent.


What it typically includes:

Usually done in stages. First stage, U.S. patents and other publications that the USPTO has not reviewed during the course of examination of a patent. Second stage, foreign reference (patents and publications) to see if the invention is taught somewhere else. Third stage, review of public literature, such as technical journals, magazines and reference books. All references must predate the filing date of the patent.

How results are used:

The references may be used to defend the litigation, to deter litigation if such has not yet been filed and/or in a reexamination to invalidate the patent via the USPTO.

 

 

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