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Prior Use, Prior Art & Invalidity Analysis

The critical success factor in patent search is an understanding of the technology disclosed in the claim as well as the claim limitations. This is equally true whether validating the enforceability of patents or defending infringement claims.

This is where our industry, technology, and product knowledge set us apart. And that edge has yielded significant financial returns for our clients.

We search for prior art from multiple sources including: patents, published patent applications (across countries) and various non-patent published sources such as academic journals, books, product literature and other online and offline publications. We critically examine all embodiments of the patent and identify various alternate applications during our search for prior art. In most defense matters, the prior art we find becomes a key element in the final expert invalidity report or re-examination filing. The strength of the prior art we find has led to early, favorable resolution of disputes and has also significantly reduced the cost of settlement as well as legal fees.

Our patent search services are customized and responsive to specific client needs. This includes:

  • Inter Partes Review – UnitedLex helps challenge the validity of patents through inter partes review of patents examined under the “first to invent” rules or “first to file” rules.
  • Freedom to Operate Analysis – We work with clients to reduce risk and litigation expense before they develop and launch new products or acquire a company. Our analysis enables clients to modify the design and avoid infringement before reaching the point of no return - or to acquire a license.

At UnitedLex, we believe the context of the search is critical to the search process itself. This has resulted in our almost 90% success record finding strong §102 and §103 prior art references.