Patent Invalidity Search

We start with a thorough understanding of the patent and its key features through specification analysis and prosecution history analysis, including final and non-final office action responses.

A Search Proposal Document is prepared from the patent details, setting out the preliminary search strategies we intend to run so you can agree the approach up front.

A summary of all the most relevant prior art identified, with the key features mapped against excerpts from each reference.

The searcher’s comments explaining the strengths and weaknesses of each prior art reference, along with suggestions on combining references to support invalidity contentions.

Both novelty and obviousness (inventive step) matter to us. We concentrate on novelty first, then work through obviousness.

Different jurisdictions such as the US and Europe require different adaptations of our method, and we pay close attention to how each treats the distinction between novelty and obviousness.

Where there is a complaint or notice, we analyse it thoroughly to understand the key information and adjust the search methodology accordingly.

A patent invalidity search finds patent and non-patent literature, published before a patent’s priority date, that could render its claims invalid on grounds of novelty or obviousness. It is typically ordered by attorneys defending an infringement action or challenging a competitor’s patent, and is also known as an opposition search or patent invalidation search.

A patent invalidity search lets you challenge a patent that threatens your product or business. In an infringement suit, credible invalidity art shifts negotiating power to the defendant and can force an early, favourable settlement. It also protects licensing and acquisition decisions by revealing weak patents before you rely on them.

A professional patent invalidity search generally ranges from USD 1,200 to USD 10,000. The exact price depends on the technology, the number of claims, the jurisdictions and languages covered, and the depth of analysis required. Synoptic IP quotes each project transparently before any work begins.

Most invalidity searches are completed within one to three weeks, depending on complexity and scope. Where a matter is urgent, we can prioritise it and agree a faster turnaround. We also share interim results on longer projects so you can steer the search as it progresses.

The methods are the same; the purpose differs. An invalidity search looks for art to break a patent you want to challenge. A validity search tests how strong a patent is before you assert, license, buy, or sell it. The same prior art search can serve either goal.

We search major global patent databases plus non-patent literature such as journals, standards, and technical manuals. Coverage spans US, European, and Asian jurisdictions, and we search references in native languages — including CN, JP, KR, DE, and FR — to capture prior art that machine translation alone would miss.

An inter partes review (IPR) must be grounded in prior patents or printed publications. An invalidity search for patents supplies that evidence, identifying the §102 and §103 references and combinations that support the petition, along with feature-mapped claim charts your attorney can build directly into the filing.

Businesses and inventors can search internally, but most rely on a specialist vendor for depth and defensibility. Patent attorneys worldwide use Synoptic IP as a reliable patent invalidity search partner, with searches run by senior patent engineers experienced in litigation-grade patent invalidity analysis. For litigation, we also prepare invalidity contention claim charts that map each asserted claim element to the prior art.