So what questions do a Validity or an Invalidity question answer?
- Is a court likely to find an issued patent valid or invalid?
Who needs a Validity or an Invalidity opinion?
- Someone about to sue/be sued for patent infringement
- A businessmen about to invest in monetizing a patent
What It Is
Like the infringement/noninfringement opinion, a validity/Invalidity opinion is about predicting how a court would rule. In a Validity/Invalidity opinion, a patent attorney attempts to decide If a court will uphold a patent as valid. To decide this a patent attorney would do some of the same things they would do for a patentability analysis but also look at how a court is known to rule. Different courts will rule somewhat differently based on different precedent. With a validity report you can go into litigation boldly confident of chances to defend your patent. With an invalidity opinion you can boldly go into litigation confident of your chances to prevail and break your opponents patent.