Patent invalidity
Description
Patent invalidity is a cornerstone of the global intellectual property system, designed to ensure that only truly novel and inventive ideas receive protection. Invalidity can be established through opposition, post-grant review or litigation, depending on the jurisdiction.
The process typically involves conducting a detailed invalidity search to uncover prior art that predates the patent’s priority date or reveals the invention’s lack of inventive step. These searches require precise technical and linguistic understanding, as prior art may exist in multiple languages, formats and patent classes. For global businesses, identifying invalid patents early helps reduce litigation risk, avoid unnecessary licensing fees and strengthen competitive positioning.
Example use cases
- Defense: Challenge the validity of a competitor’s patent during infringement proceedings.
- Strategy: Evaluate the strength of a patent before initiating legal action.
- Review: Identify weak or redundant patents within an organization’s own portfolio.
- Licensing: Verify that IP assets are enforceable and free from validity challenges.
- Intelligence: Assess competitor patents to anticipate potential disputes or entry barriers.
Key benefits
RWS perspective
At RWS, patent invalidity research is part of our broader IP Research and Analytics service suite. Our teams combine legal expertise, advanced search technology and global linguistic coverage to uncover prior art that may render a patent unenforceable.
We manage invalidity investigations across all major technical domains and languages, ensuring every piece of evidence meets legal and procedural standards. Our Human + Technology approach blends the precision of AI-assisted search with the contextual insight of patent analysts, delivering clear, actionable results that help clients make confident IP decisions.