Invalidity & Prior Art.

Whether you're defending against a patent assertion, validating a portfolio for acquisition, or preparing for an IPR — we find the prior art that examiners missed.

Gain the Upper Hand.

An invalidity search focuses on finding prior art — patents, publications, or products — that predates the patent in question. The goal is to uncover existing technology or publications that were publicly available before the filing date of the target patent, potentially invalidating its claims. Whether you're facing an infringement allegation, preparing to assert your own patent, or evaluating a portfolio in an M&A transaction, our comprehensive searches give you the evidence and leverage you need.

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OUR DELIVERABLE

What You Receive.

Every invalidity search from DeMarcoIP is an exhaustive effort to find what an examiner might have missed. We go beyond patent databases — searching white papers, technical publications, archived web content, YouTube, blogs, and anything publicly available that could serve as prior art. Our reports are designed to give you the ammunition you need, whether you're heading to court, the PTAB, or the negotiating table.

  • Patents, scholarly articles, product descriptions, technical standards, and non-patent literature — we cast the widest net possible to find the most relevant art that predates the target patent.

  • We search beyond traditional patent databases — including white papers, archived websites via the Wayback Machine, YouTube videos, blog posts, conference proceedings, and any publicly available content that could qualify as prior art.

  • Each reference is accompanied by extensive notes pointing you to specific parts of the specification that invalidate the claims in question. You'll understand exactly why each reference matters.

  • For added precision, we offer claim mapping and charting services that visualize how each prior art reference maps to the specific claims of the target patent — presented in the format that best suits your preferences and workflow.

  • Complete transparency into the databases searched, classification codes used, and keyword strategies employed — so you can see exactly how we arrived at our findings.

HOW IT WORKS

Our Process.

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STEP #1 - Product & Scope Definition

You share the target patent, the claims at issue, and any relevant case context with our team. We analyze the claims, identify the key elements and filing dates, and define the scope and strategy for the search — including which prior art categories and non-patent sources to prioritize.

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STEP #2 - Exhaustive Search

We assign your project to an experienced searcher who conducts a deep dive across patent databases, non-patent literature, archived web content, and any other publicly available sources. At any point, you're welcome to speak directly with the searcher working on your project.

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STEP #3 - Review & Delivery

We compile the most relevant prior art into a detailed, easy-to-read report, complete with specification notes and full transparency into our search methodology. Reports are delivered on time and we remain available to discuss results after you and your team have had time to review. Supplemental searching can also be ordered if needed.

Your Search Team.

At DeMarcoIP, we want you to know who is doing your search. While one of our Directors is likely handling most of the communication, neither of them is doing all the work — our Directors grind out work product alongside the full team of patent searchers. And at any point during the engagement, you're welcome to speak directly with the searcher working on your project.

Meet The Team

READY TO BEGIN?

Start Your Invalidity Search.

Contact us today to scope your project and build the strongest possible prior art case.

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WHY IT MATTERS

When You Need an Invalidity Search.

Invalidity searches serve a range of strategic purposes — from litigation defense to portfolio due diligence. Understanding when and why to commission one can be the difference between winning and losing.

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    Patent Litigation Defense

    If a competitor asserts their patent against your business, uncovering prior art that predates their filing can be a powerful defense tool to invalidate their claims. The right reference at the right time can change the trajectory of a case.

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    Pre-Assertion Validation

    Before spending the money to sue for infringement, validate that your patent will stand up in court. An invalidity search against your own patent helps you understand its vulnerabilities before opposing counsel does.

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    M&A Due Diligence

    When a patent portfolio is part of an acquisition or investment, the patents need to be validated for appraisal purposes. Our searches help you assess whether the IP you're acquiring is as strong as it appears on paper.

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    IPR & PTAB Proceedings

    Preparing for an inter partes review requires the strongest possible prior art. We specialize in finding the references that give you the best chance of success before the Patent Trial and Appeal Board.

Frequently Asked Questions.

  • An invalidity search, also known as a validity or prior art search, focuses on finding prior art that predates a specific patent's filing date. The goal is to uncover existing technology, publications, or products that were publicly available before the patent was filed, potentially invalidating one or more of its claims.

  • Our clients are usually law firms — either defending against an infringement suit, preparing to assert a patent and wanting to validate it first, or conducting due diligence on a patent portfolio as part of an M&A transaction or investment appraisal.

  • We search everything — white papers, academic publications, technical standards, archived websites via the Wayback Machine, YouTube videos, blog posts, conference proceedings, product manuals, and any other publicly available content that could qualify as prior art under the relevant filing date.

  • A search disclosure is a document that details the search methodology and findings, designed to be submitted to the PTAB alongside appeals. The current USPTO director is encouraging attorneys to submit these, and our team has experience preparing them for real-world proceedings.

  • Claim mapping (or claim charting) is a visual analysis that shows exactly how each prior art reference maps to the specific elements of each claim in the target patent. It's a powerful tool for litigation, IPR proceedings, and settlement negotiations.

  • A typical invalidity search takes approximately three to four weeks, though turnaround depends on the complexity of the technology, the number of claims at issue, and the depth of non-patent literature searching required. We'll provide an estimated timeline when we scope your project and keep you updated throughout.

  • Yes. Our invalidity searches are frequently used to support inter partes review (IPR) filings before the Patent Trial and Appeal Board (PTAB). We also offer search disclosure reports and claim mapping services specifically tailored for these proceedings.

  • A patentability search looks for prior art to assess whether a new invention is patentable before filing. An invalidity search targets an existing patent and looks for prior art that the original examiner may have missed — with the goal of weakening or invalidating its claims.