What is a Patent Invalidity Search?

This article explains what a patent invalidity search is, and how to use Leegal AI’s patent invalidity search tool to quickly perform a search and get a detailed claim chart. We also conducted a Benchmark Study to evaluate Leegal AI’s invalidity search tool.

What is a Patent Invalidity Search?

If you’re facing a patent infringement threat, one of your first defenses is to conduct a Patent Invalidity Search.

This process involves reviewing hundreds—or even thousands—of prior published references to identify those that disclose the same features as the contested patent claim.

By mapping these findings in an Invalidity Claim Chart, you build a case to show that the patent is not actually novel or inventive. If the references prove strong enough to cover every element of the patent claim, you can challenge the patent through legal proceedings like an Inter Partes Review (IPR) in the U.S. If you succeed, the patent owner may lose the entire rights to the patent.

Who use Patent Invalidity Search?

Patent Invalidity Searches are essential in various scenarios, including:

• Patent Litigation Defense: As mentioned above, when defending against infringement claims, a first course is to demonstrate that the patent is invalid.
• Patent Examination: Patent examiners perform these searches to verify that a patent application is truly innovative. Every year, more than 2,000,000 patent applications are filed worldwide, and each will require a patent invalidity search at the respective patent office.
• R&D Teams: Companies use these searches to ensure that competitors’ patents won’t block new product development. Just because a patent is approved by the Patent Office, it does not mean it is truly valid — Examiners are under a lot of stress and typically has only a few hours to evaluate each patent application.
• Pre-Litigation Assessment: Patent owners may assess their own patents’ strength before engaging in litigation. The consequence of asserting an invalid patent is huge — the patent owner may lose the patent all together if the defendant succeeds in challenges.

What Is an Invalidity Claim Chart?

The final product of a Patent Invalidity Search is the Invalidity Claim Chart. This chart details:

• The Patent Claim Elements: Breaking down the patent into individual components.
• Referenced Evidence: Citing each reference that discloses the respective elements.
• Mapping and Reasoning: Explaining how each reference supports or invalidates the patent claim.

For example, below is a real Invalidity Claim Chart created against US Patent US9811184B2—a patent that was once asserted against several VR glasses makers, including Google Glasses.

(An Example Patent Invalidity Claim Chart, generated by Leegal AI)

In this claim chart, the leftmost column breaks the patent claim into several distinct claim features, each highlighting an important aspect of the invention. The middle column cites specific text excerpts from various references that supposedly disclose each feature. Finally, the right column offers brief reasoning to explain how the cited text discloses that particular claim feature. Keep in mind, the references can come from any published document before the patent’s priority date—be it another patent, a research paper, or even technical manuals.

Patent Invalidity Search Cost without AI

Performing a traditional patent invalidity search is both time- and labor-intensive. Imagine having to read through the entire text of a patent—and then beginning the search with hundreds, if not thousands, of potential references.

This painstaking process is why a comprehensive invalidity search conducted by a US-based law firm can cost tens of thousands of dollars. Due to the high billable hours involved, many patent law firms have increasingly outsourced this work during litigation to reduce costs.

In recent years, a significant portion of patent search work has been moved offshore, with India emerging as a major hub for these services. Even off-shore professional search firms typically charge several thousand dollars for a single search, reflecting the complexity and labor-intensive nature of the task.

Below are real quotes from various parties for performing a patent invalidity search. We anonymize the names for privacy protection.

Leegal.ai’s Invalidity Search Tool

Leegal.ai intends to make invalidity search easy to accessible. Our state-of-the-art tool transforms the way patent professionals—and even non-experts—conduct invalidity searches. Here’s how it works:

1. Enter a Patent or Publication Number: Simply input the patent number (or publication number) you want to challenge.
2. AI-Powered Analysis: Our AI analyzes the patent’s claims against thousands of references in its database.
3. Detailed Claim Chart: Within 30 minutes, you receive a comprehensive claim chart that includes the relevant reference texts and the reasoning behind each match.

No Credit Cards. No Sales Demo. No Subscription

And the best part? You can start using Leegal.ai for free today (new user gets 15 credits for 3 Invalidity Search demos). There’s no lengthy sales demo, no subscriptions, and no need for a corporate email address. The tool operates on a credit-based system, giving you a risk-free opportunity to see how much time and money you can save.

How good is the AI-performed Patent Invalidity Search?

You can check out our benchmark study on the performance of Leegal’s Patent Invalidity Search tool.

If you are interested, you can try it at www.leegal.ai today. If you need to build claim charts for your patent litigation defense, you can reach out to us at contact@leegal.ai