Patent Search | U.S. Patent Litigation Support

Whether you are asserting or defending an infringement claim, preparing an Inter Partes Review (IPR) submission, or evaluating the strength of a portfolio, Zodiac Patent can help you build a sound strategy for your unique needs. It’s no secret that the USPTO is flooded with submissions and prior art slips pass their examiners from time to time. Zodiac Patent has the experience and know-how when it comes to locating prior art that either supports or invalidates a patent for you or your client.

Patent Infringement Search & Analysis

It takes a lot of time and resources to obtain your patent. Once approved, the patent provides only you, the patent holder, the right to practice the technology of the patent. Anyone else must take a license from you. An infringement search is one of the most important searches to ensure your investment is not being used without your consent. Zodiac Patent helps clients by conducting detailed searches for identifying any products that may infringe on a patent. The infringement search results will identify a list of any products, services, patents, or standards that may be based on the technology of your patent.

Zodiac Patent Infringement Search & Analysis Process

The first step of the patent infringement search process is an in-depth review of the claim. During this process a Zodiac search and analysis expert chooses the proper search strings and keywords to perform a prior-art search for analysis. Once the search is complete a line-by-line analysis begins to determine if an infringement can be established. A final report of the findings is generated and delivered to the client.

You’ll need a patent validity/invalidity search when you need claim validation or proof to show a competitor’s claim is invalid. This is one of the initial steps taken when confronted with a patent infringement lawsuit. To make sure our patent validity/invalidity search is effective Zodiac Patent first obtains a clear understanding of the patent and identifies what prior art we’re looking for. Understanding the claims of the patent and determining its patent scope provides us with a clear direction for prior art searching.

Zodiac Patent Patent Validity/Invalidity Search & Analysis Process

There are various approaches to take to the validity/invalidity process. After our initial evaluation, we determine the best option to pursue. Any of the following are possible paths.

Review the File Wrapper Information
Examining this data allows us to discover more information about the claim rejections made by the patent examiner, the rejection grounds, and the recorded prior art in prosecution history and post-grant proceedings. If we’re able to find prior art to disclose the claim, this typically means that the patent is weak and the chances of it being invalidated are high.
Locate the Prior Art
Along with the prior art references of the prosecution history, patent family prior art and its second degree prior art are also great places to discover strong prior art. Family prior art reveals the disclosed prior art of the patent family. Any family-related prior art can be used as invalidation evidence. Especially in the case of abandoned, inactive, non-payment, or expired family members.
Prove the Product/Service was Available for Public Use
In the U.S., if you can prove an invention was on sale or publicly available in the USA within the twelve months prior to the date of the patent application filing, patented abroad, detailed in a publication, or previously recognized by inventors in the USA prior to the invention by the applicant, the patent can be invalidated.