How to Do a Patent Invalidity Search in USA: Detailed 2025 Guide

Patent invalidity searches are essential weapons in the toolboxes of any company that is involved in intellectual property litigation, licensing, or competitive planning. By discovering pre-existing art that has the potential to invalidate a granted patent, companies are able to defend themselves against legal risk, stay out of unnecessary royalty payments, and counter competitors' patents tactically. This tutorial takes you through the whole process of performing a patent invalidity search in the US, from step-by-step procedures to legal principles, tools, best practices, and examples. What Is a Patent Invalidity Search? A patent invalidity search is tasked with finding prior art that can be employed to attack the enforceability of a pending or granted patent. In contrast to a patentability search, which is carried out prior to filing for a patent, an invalidity search is conducted after a patent has been issued—typically in legal battles or IP dealmaking. In the U.S., a patent ...