Invalidity Contentions constitutes a topical and technical evaluation of whether a patent is valid or should be invalidated. Therefore, this search seeks to identify prior art that consists of existing patents, scientific publications, products, or technologies denying patent enforceability based on lack of novelty or non-obviousness-the weighty traditional requirements for patent validity. The contentions would often arise in the context of defense in the patent litigation or the patent opposition proceedings; an important consideration for businesses when seeking to attack a competitor’s patent enforceability.

This search typically includes:

• Prior Art Search: Identifying existing patents, academic papers, or other technologies that disclose similar inventions, casting doubt on the novelty of the patent in question.
• Legal Analysis: Evaluating the patent’s claims against the identified prior art to assess whether those claims truly are novel or have been previously disclosed.
• Comparative Assessment: Assessing the claimed invention against the prior art in order to conclude whether the claims are too broad, obvious to a person skilled in the art, or not independently supported through a sufficient increase in technology.

Invalidity Contentions are most commonly performed by:

• Legal Teams: Lawyers involved in patent litigation, opposition proceedings, or any other legal dealing in which a patent’s validity is challenged would strive to gather evidence for the patent’s invalid status so as to promote their client’s interests.
• Corporate IP Teams: In-house IP managers and patent experts are evaluating whether patents held by competitors can create infringement risks or can be successfully invalidated.
• Patent Litigators: They maintain invalidity contentions mainly to defend against patent infringement claims, revealing that the competitor’s patent should be voided on account of prior art.
• Innovation Managers: They need to ensure that their organization’s R&D efforts are not restricted by existing patents and to evaluate potential IP conflicts.
• Investors and Acquirers: Investors or companies looking to acquire patent portfolios often perform invalidity contentions to assess the strength and enforceability of the patents they are considering investing in.

The main purpose of Invalidity Contentions is to assess the validity of a patent by finding prior art that could demonstrate that the patented invention is not novel or non-obvious. This search aims to:

• Challenge the Enforceability of Patents: By demonstrating that a patent is invalid due to prior art, businesses can protect themselves from infringement lawsuits and weaken a competitor’s market position.
• Secure Business Freedom: Invalidity contentions enable businesses to operate freely by ensuring they are not encumbered by invalid or overly broad patents.
• Support Legal Defense: For companies undergoing patent litigation, having strong invalidity counterclaims can be an outright winning tool in their favor.