Crimson Insights provides patent invalidity search and patent validity search services for patent litigation, licensing, due diligence, and other high-stakes IP matters. Our searches are designed to identify prior art that may anticipate or render one or more patent claims obvious, or to assess the strength of patent claims before they are asserted, licensed, acquired, or challenged.
Our approach is claim-focused and iterative. We analyze the asserted or relevant claims, understand the underlying technology, identify the applicable priority and critical dates, and search broadly across patent and non-patent literature worldwide.
Request a quote for an invalidity or validity search.
What Is a Patent Invalidity Search?
A patent invalidity search is a prior art search performed to identify references that may be used to challenge the validity of one or more patent claims. These searches are commonly conducted in connection with patent litigation, pre-litigation analysis, inter partes review, licensing disputes, freedom-to-operate strategy, portfolio transactions, and other situations where the validity of a patent matters.
The search is generally centered on the specific limitations of the patent claims and the applicable prior-art date. Potential references may include earlier patents and patent applications as well as non-patent literature such as technical papers, product documentation, standards, manuals, conference materials, archived web pages, theses, books, source code, and other publicly available technical disclosures.
Patent Invalidity Search vs. Patent Validity Search
An invalidity search and a validity search often involve similar search techniques, but they are performed from different perspectives.
- Invalidity search: typically seeks prior art that could be used to challenge one or more patent claims.
- Validity search: typically evaluates how well the claims may withstand a prior-art challenge, for example before licensing, acquisition, enforcement, or another commercial decision.
In either case, the search should be driven by the actual claim language, the relevant dates, and the legal and technical context of the matter.
Invalidity Search vs. General Prior Art Search
A general prior art or patentability search is often conducted before or during patent prosecution to assess whether an invention appears novel and non-obvious.
An invalidity search is usually more targeted. The objective is not simply to find technically similar documents. The search must determine whether individual references, or potentially combinations of references, disclose the limitations of the claims being analyzed within the applicable prior-art framework.
For broader patentability and prior-art searching, see our Patent Search Firm / Prior Art Search service.
Our Patent Invalidity Search Methodology
1. Claim Analysis
We begin by studying the patent, its prosecution history where relevant, cited references, related family members, and the claims that matter to the engagement. The claims are broken into searchable technical limitations so that the search is driven by what must actually be found rather than by broad keywords alone.
2. Technology and Terminology Analysis
Patent terminology often differs from the language used by engineers, researchers, standards bodies, product manufacturers, and earlier patent applicants. We therefore identify alternate terminology, historical terminology, synonyms, technical concepts, classifications, inventors, assignees, researchers, products, standards, and other search leads relevant to the technology.
3. Patent Literature Search
We search patent literature globally using keyword, classification, citation, assignee, inventor, family, similarity, and other search strategies. Relevant references are reviewed beyond titles and abstracts whenever necessary to determine whether they disclose the limitations of interest.
4. Non-Patent Literature Search
Where appropriate, the search includes non-patent literature (NPL) such as academic papers, technical standards, conference publications, product manuals, datasheets, books, theses, archived web materials, technical reports, source-code repositories, and other technical disclosures.
NPL can be particularly important when the relevant technology was implemented, standardized, researched, or commercially documented before it appeared in patent literature.
5. Global Prior Art Search
Our searches are not limited to U.S. patent literature. Depending on the technology and matter, we search international patent collections and relevant technical literature from jurisdictions including Europe and Asian technology markets such as Japan, China, Korea, and Taiwan.
Machine-translated patent text, classifications, patent families, citations, applicant information, and other search tools can be used to identify promising foreign-language references for further review.
6. Iterative Searching
An effective invalidity search is rarely a single-query exercise. Promising references frequently reveal new terminology, inventors, companies, citations, classifications, products, publications, or research groups. These leads are used to refine and expand subsequent search iterations.
Claim-by-Claim Prior Art Analysis
Potential prior art is evaluated against the limitations of the relevant claims. Depending on the agreed scope of the engagement, results may identify references that appear particularly relevant to an entire claim as well as references that disclose important individual limitations and may warrant further legal analysis.
For litigation matters requiring detailed limitation mapping, see our Claim Chart / Evidence of Use Chart services.
What We Search
Depending on the subject technology and scope of the engagement, an invalidity or validity search may include:
- U.S. and international patents and patent applications
- Patent families and related applications
- Forward and backward citations
- Academic and scientific publications
- IEEE and other technical literature
- Industry standards and standards-development materials
- Product manuals, datasheets, and technical documentation
- Conference papers and presentations
- Books, theses, dissertations, and technical reports
- Archived websites and historical product information
- Relevant foreign-language and Asian patent literature
- Other publicly available technical disclosures relevant to the claims
Patent Invalidity Search Deliverables
The exact deliverables can be tailored to the matter. Depending on the agreed scope, results may include:
- Relevant prior-art references identified during the search
- Priority and publication information for key references
- Relevant passages, figures, or technical disclosures
- Claim-limitation mapping or claim charts where requested
- Search observations and explanations of why particular references may be relevant
- Additional search leads identified during the investigation
- Rolling results during time-sensitive matters
Search results are intended to support counsel and other decision-makers in evaluating the prior art and determining its legal significance.
When Is an Invalidity Search Useful?
Patent invalidity searches may be commissioned in connection with:
- Patent infringement litigation
- Pre-litigation case assessment
- Inter partes review and other validity challenges
- Licensing and licensing disputes
- Patent acquisition or sale
- Portfolio due diligence
- Settlement evaluation
- Defensive patent strategy
- Assessment of asserted patent claims
Invalidity Searching for Patent Litigation
Litigation searches frequently operate under tight deadlines and evolving claim positions. Search strategy may therefore be prioritized around asserted claims, high-value claim limitations, relevant priority dates, known references, prosecution-history issues, and technical areas identified by counsel.
Where appropriate, results can be provided on a rolling basis so that potentially useful references are available for review before the complete search is finished.
Frequently Asked Questions
Does an invalidity search include non-patent literature?
It can. Depending on the technology and engagement scope, an invalidity search may include both patent literature and non-patent literature such as journal articles, conference papers, technical standards, product documentation, manuals, books, theses, archived websites, and other technical disclosures.
Do you conduct global patent invalidity searches?
Yes. Searches can cover U.S. and international patent literature, including relevant European and Asian patent collections. The jurisdictions and sources emphasized depend on the technology and search objectives.
What date is used for an invalidity search?
The relevant date depends on the patent, individual claims, priority claims, applicable law, and the circumstances of the matter. We work from the dates and assumptions applicable to the engagement and can coordinate the search scope with counsel.
Can you search only selected patent claims?
Yes. Searches can focus on selected independent or dependent claims, all claims, or particular claim limitations depending on the objectives and agreed scope.
Can results be delivered on a rolling basis?
Yes. For time-sensitive litigation and other matters, potentially relevant references can be shared during the search rather than waiting until the complete search has concluded.
Is an invalidity search the same as a patentability search?
No. Although both involve prior art, a patentability search generally evaluates an invention before or during prosecution, while an invalidity search is typically directed to the limitations of issued or asserted patent claims and the prior art potentially relevant to those claims.
Request a Patent Invalidity Search
If you would like a quote, send us the patent number, claims to be searched, known references if any, and your preferred timeline. We can then recommend an appropriate search scope.