How to create a Patent Invalidation Search Strategy

Patent Invalidity / Invalidation also known as Opposition Study or Patent Validity Study. The purpose of this article on How to create a Patent Invalidation Search strategy is to analyse the invalidate patents or revoke an already registered/ granted patent claims.

Creating a Patent Invalidation Search Strategy

In this example, the approach to an invalidation study will be observed, where the specific aspects of a claim or claims of a certain patent are to be mapped with any public disclosure previous to the priority date of the claims of the patent.

Understanding the Invention

Invalidation of Claim 4 of US 7803176 B2 (Titled: Sternal closure clamp device).

Claim 4. The device of claim 1, further comprising engagement member pivoting means wherein the angle of each of said engagement members is independently adjustable relative to said central body.

Claim 1. A sternal closure clamp device comprising: A central body four independently actuated engagement members, each comprising a telescoping arm member having a longitudinal axis and a projection member, two of said engagement members mounted on a first side of said central body and the other two of said engagement members mounted on a second side of said central body, wherein said arm members of said first side engagement members are positioned such that said first side arm member longitudinal axes are non-parallel to each other and wherein said arm members of said second side engagement member are positioned such that said second side arm member longitudinal axes are non-parallel to each other wherein each of said engagement members are independently retractable toward said central body and independently extendable away from said central body; and engagement member locking means for securing said engagement members in a fixed retracted position relative to said central body, said engagement member locking means being releasable such that said engagement members are extendable from said retracted position.

Restrictions

An Invalidation search involves a date restriction to restrict the set of results to documents published or with priority before the priority date of the patent to be invalidated (PTBI) or claim to be invalidated (CTBI), which for this example is 28 May 2009.

Developing the Patent Invalidation Search Strategy

The approach to the search adopted in this example is similar to Example, where parallel concepts are chalked out and combined with each other using field based variation and narrowing. However, here in each of the strings where the concepts are combined at the first step itself to make them optimally broad and narrow, and then duplicates are removed by using an ‘OR’ operator. Further, a general approach taken in an Invalidation Search includes assignee based searches and citation based searches which are indicated in the search strings below. Citation searches can be carried out for PTBI or citations highlighted by the applicant or the examiner for the patent. PatSeer corporate tree and PatSeer assignee/inventor matching can be used to make the assignee search robust and accurate. Also relevant date restriction has been used in the searches

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