Terms of reference
Within the scope of the Validity Search patent and other documents that could be used to attack the validity of the invention presented by you will be disclosed and delivered, and a detailed explaining opinion will be provided on whether the subject-matter of the invention should have met the essential requirements of patentability over the cited documents, i.e. novelty and obviousness (inventive step).
- arguments and proof can be gained for opposition proceedings or annulments, by which the novelty or inventive step of a patent could be challenged.
- prior to licensing deals or other business investment with a patentee, the strength of the patent can be determined.
- validating own patent helps you to decide whether to take legal action against any infringement action.
- helps to decide the best way to deal with competitors, in case of allegations of infringement.
Description (search, analysis, report)
The Validity search is carried out on the basis of a patent presented by you, which patent (or its family member) should be in-force in at least one country and should be presented in English, German or French language, documents provided in other languages can be accepted under separate agreement. Validity Searches on patents granted by Hungarian Intellectual Property Office are excluded.
The search is performed in specific technical area systemized and up-to-date databases of patent and non-patent literature. Individual needs can be taken into account when structuring the Report.
The Search Report will cite documents considered to be relevant on the validity of the patent. The Report will include a brief summary of the cited documents, and a detailed explaining opinion on whether on the date of priority the subject-matter of the invention, whose validity is examined, had met the requirements of novelty and inventive step over the cited documents.
A copy of every cited document will be attached to the Report.
The fee of the service will be defined based on calculation taking in consideration the complexity of the case, the number of inventions to be examined, and required extension of the search (but not less than 195.000 Ft (approx. 780 EUR) + 25% VAT), on which a quotation will be delivered in the shortest possible time after receiving a request.
The Validity Search is completed within 4 weeks from the day on which the quotation is accepted. In the request you can demand a shorter time limit, of which feasibility you will be informed together with the delivery of the quotation.
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