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Validity search

Validity search

Is your competitor’s patent actually valid?
Patents are key to your company’s value. A competitor holding a patent that obstructs your activities poses a risk. A validity search examines whether another party’s patent is in fact valid.

In validity searches, NLO experts check whether the patent actually meets all the requirements, for example those of novelty and inventiveness. They also study the prosecution history: was the patent rightfully obtained by your competitor?

Our advice

Depending on your specific situation, the outcome of this search may include advice on the following:

  • Whether the patent can be wholly or partially declared invalid
  • The chances of your competitor’s patent being successfully invoked against you
  • How to influence your competitor’s patent application

Seeking patent revocation

Does your competitor’s patent lack a sufficient degree of novelty or inventiveness? Then you can request its full or partial revocation before a national court, or in some cases you can ask the patent-granting authority for invalidity advice.

Existing patent against you

Our experts give advice on the extent to which your competitor’s patent can be invoked against you and the likelihood of successful invocation. We set out all the risks and how to mitigate them.

Influence on pending patent applications

If your competitor has applied for a patent, you may influence the granting process. Perhaps it will affect you in the future if the patent will actually be granted. We may, for example, provide new information (literature) to the patent-granting authority. If granting can be prevented this way, any risks will be nipped in the bud. You may opt to stay anonymous, so your competitor will not know that you are interfering in its patent application.

Any questions?

NLO can help in everything patent-related. Our experts would be happy to answer any questions you may have.