Upon grant of a national or regional patent it often is possible during a short period of time of several months to raise objection (=to file a Notice of Opposition) against a newly granted patent at the patent issuing authority. With an opposition you seek to prevent yourself from being accused of infringement lateron with all its possible akward consequences (see also Infringement). However, if the term for opposition has ended of a patent that causes you trouble, you can still try to have it annulled per country before the court of law. Proof should be provided then that the patent was granted erroneously and should be revoked, or at least be limited by further amendments to the claims. To see if a validated granted and in force patent on a product, process or technical usage is bound to give you trouble (see Status) it is of importance what exactly is claimed. That you will find disclosed in the claims section of the granted patent document. By validity of the claims is meant that the patent protects an invention or innovation that is novel, inventive and industrially applicable (technically enabling; see Patentability). The Nullity search provides you with an answer as to how strong the claims of that patent stand and can provide you with ammunition to contest validity of the patent in an Annulment proceedings before the court of law to have the patent revoked, or further limited by amendments. In addition the Nullity search may hint you to potential evasive actions to stay out of trouble – such as (cross)licensing or workarounds.
OSIP Search & Watch can perform such nullity searching for you in a focussed and effective way by means of professional data base searching in the patent literature and report the results to you in a handy electronic report. Based on the Nullity search report you may decide to start up a nullity action at a court of law. That is specialist work for which you do need the professional help from and representation by an IP-lawyer or patent attorney. We have excellent relations to that end.
The cost for a thorough and careful nullity search in the patent literature amounts to the number of spent hours of searching times our hourly rate increased by the costs incurred for data base usage, and additional document fees. On the order of 1500 – 3000 euro (ex VAT) is not uncommon and a turnaround time of ordinarily 15 – 25 working days is expected. The Nullity search does not have to be restricted to the patent literature only. As applicable it can be advisable or even necessary to supplement the Nullity search by searching the open (scientific/technological) literature, newsprint, magazines etc. Extra costs are incurred and a few extra days of turnaround time are added in that case.
Please do not hesitate to contact us for further information or a quotation: 