Validity Advice

Once the IP rights involved in the transaction have been identified, it is important to assess whether they are valid. It is often assumed that a granted patent is valid, but this is often not the case.

Important questions include:

• Were validity objections raised against equivalent patent applications in other countries?
• Is the patent owner aware of relevant prior art that was not available to the patent office when the patent was examined?
• Has the patent been asserted against anyone, and what was the outcome?

We can help identify relevant prior art and give opinions on the validity of patents involved in the transaction.