— Patent Invalidity/Validity Search & Analysis
Build a stronger position. On offense and defense.
Whether you’re challenging a patent’s validity in litigation or IPR proceedings, or defending your own against an invalidity challenge, the outcome depends on the quality of the prior art search behind it. Our Patent Invalidity/Validity search service delivers comprehensive, analyst-curated prior art analysis with structured claims mapping, so your legal team has the foundation it needs to act with confidence.
— Why it matters
What a gap in the prior art record can cost you.
The patent you’re challenging survives when it shouldn’t.
A missed reference is the gap opposing counsel is looking for — and in IPR proceedings, you rarely get a second chance.
An NPE demand becomes a lawsuit.
A prior art search that isn’t thorough enough to negotiate from turns a manageable dispute into full litigation.
Your own patent gets tested on a weak record.
A validity defense built on incomplete search work puts your enforcement position at risk when it matters most.
— Team Credibility
A team built for this work.
Domain experts, not generalist researchers.
Our analysts bring decades of real-world technical and legal experience to every EoU engagement, including a former USPTO Patent Examiner, a registered US patent agent with Fortune 500 prosecution experience, and senior engineers with deep domain backgrounds across mechanical, chemical, electrical, and software disciplines. That technical fluency shapes how we scope each study, evaluate what is relevant, and build work product that holds up under scrutiny.
— What You Receive
A structured, litigation-ready prior art package.
Each invalidity/validity study is delivered as a complete prior art package designed for direct use by legal counsel. Your deliverable includes:
Claims-Mapping Chart:
a structured workbook with element-by-element mapping of claim language to specific passages in the identified prior art, organized by reference with exact column, line, and paragraph citations
Search Strategy Documentation:
complete record of all query strings, classification codes, and databases searched, providing full methodology transparency for use in legal proceedings
Electronic Copies of All Cited References:
patents and non-patent literature cited in the study, provided in full for immediate use by counsel
Additional Consulting Available:
supplemental analysis, supporting sources, and extended coverage available upon request
Want to see a sample?
Schedule a consultation to walk through the structure, citations, and analysis methodology before you commit.
— How it works
A rigorous process. A trusted partner.
Every search is scoped to your product, jurisdictions, and timeline.
01
Consultation
Scoping & Alignment
A free scoping call to understand the target patent, the specific claims at issue, the priority date, and your legal objectives. Whether invalidity challenge, validity defense, IPR preparation, or demand letter response, scope, timeline, and quote are established before work begins.
02
Search Strategy
Claim Element Analysis
Our analysts break down the target claims into their discrete elements and build a custom search strategy targeting prior art published before the applicable priority date, across patents, non-patent literature, and technical publications.
03
Analysis
Prior Art Review
Multiple query iterations refine the results set. Our analysts conduct a full review of identified references, mapping specific passages to individual claim elements and documenting citations with the precision required for legal use. Our search combines AI-powered tools—including IP.com’s own platform—with rigorous human analyst review, so no relevant reference gets missed and every finding is grounded in expert judgment.
04
Delivery
Prior Art Package
A complete prior art package including the claims-mapping chart, search strategy documentation, and electronic copies of all cited references, scoped to your engagement and delivered on a timeline established at the outset.
14K+
Research & analysis searches completed to date
5-10
Business days to delivery
From scoping call to final report
ITAR
Compliant US-based analysts
Every search, every engagement
— use cases
When to Commission a Validity/Invalidity Study
Responding to Litigation
Build a strong invalidity defense when your own patents are under attack. A thorough prior art record gives counsel the tools to challenge scope, narrow claims, or invalidate entirely.
Challenging a Competitor's Patent
Identify prior art that predates a competitor’s claims and gives you the grounds to challenge their patent in litigation or inter partes review.
Deflecting NPE Demand Letters
A documented invalidity search is one of the most effective deterrents to non-practicing entity enforcement. Surface the prior art before demand letters become lawsuits.
IPR & Post-Grant Proceedings
Support inter partes review petitions and other post-grant proceedings with a comprehensive prior art search scoped to the claims and standards of the proceeding.
Due Diligence
Assess the validity of patents in a portfolio you are acquiring, licensing, or investing in. Understanding prior art exposure materially affects valuation and risk.
Validity Defense
Establish the validity of your own patents when challenged. A thorough search confirming the absence of invalidating prior art strengthens your enforcement position.
— Get started
Uncover the prior art before opposing counsel does.
Every engagement begins with a free consultation. We’ll learn about the patent at issue, align on claims and scope, and provide a clear timeline and quote before any work begins.
No commitment required
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Patent Invalidity/Validity Search
Challenge or defend the validity of a specific patent with a rigorous prior art search built for IPR proceedings, litigation, and acquisition due diligence.
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