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Legal Definitions - validity search

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Definition of validity search

A validity search is a thorough investigation to find any prior art or other information that can be used to challenge the validity of a patent. This type of search is conducted to determine if a patent is legally enforceable or if it can be invalidated.

For example, if a company is accused of infringing on a patent, they may conduct a validity search to find evidence that the patent is invalid. This could include finding prior art that shows the invention was already known or used before the patent was filed.

Another example is when a company wants to challenge the validity of a competitor's patent. They may conduct a validity search to find evidence that the patent is not valid, which could give them a competitive advantage.

Overall, a validity search is an important tool for companies to protect their intellectual property and ensure that patents are legally enforceable.

If we desire respect for the law, we must first make the law respectable.

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Simple Definition

A validity search is a thorough search for information that can be used to prove that a patent is not valid. This search looks for any prior art or other evidence that could be used to invalidate the patent. It is different from an infringement search, which looks for evidence of patent infringement, and a patentability search, which looks for evidence that a patent is likely to be granted.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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