Invalidity search
Gather pre-priority-date prior art to invalidate someone else's granted patent.
When to use this
Invalidity search collects prior-art references — published before the target patent's priority date — that can defeat its claims. It feeds invalidation trials, oppositions, and litigation defense (counter-attack when you're sued for infringement).
It's easy to confuse with FTO. The practical difference:
- FTO asks "do I infringe?" (future conduct, your product is the subject).
- Invalidity asks "is there art that defeats this patent?" (past references, the target patent is the subject).
How it differs from related work
See the comparison table on the FTO / Infringement page.
The gist: invalidity work follows the chain target patent's claims → element decomposition → references published before the priority date. Have the LLM decompose the claim first, then search for art that simultaneously satisfies every element — accuracy goes up sharply.
Recommended LLM prompt patterns
Use the patterns below as-is, or swap in your own variables. Each prompt is paired with the FindIP tool the LLM will call internally.
1. Baseline — decompose claim, then search before priority date
Prompt
"Decompose claim 1 of target patent KR1012345B1 into elements A / B / C. Then find 5 KR / JP / US / EP references published before this patent's priority date (2018-03-15) that satisfy A, B, and C all at once."
Tools: get_patent_details("KR1012345B1", sections="claims") → search_patents(filing_date_to="2018-03-14", country_codes=["KR","JP","US","EP"])
2. Per-element parallel search (combined references)
Prompt
"Pull 3 references that clearly show element A, and another 3 references that show the B + C combination, separately. Then assess whether the combined citation could also defeat inventive step."
Tools: search_patents (call per element, then combine)
3. Flag possible non-patent literature (papers)
Prompt
"In this field, academic papers may be the stronger citations. If there are paper candidates that FindIP search can miss, list them and suggest keywords to search on IEEE Xplore / Google Scholar."
Tools: FindIP indexes patents only. Non-patent literature: ask the LLM to suggest separate keywords.
4. Map the priority claim chain
Prompt
"Map the target patent's priority claim chain (parent / divisional / continuation) and pin down the earliest priority date. Use that date as the cutoff for invalidity search."
Tools: get_patent_details(sections="priority,family")
Reading the results
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Pinning the priority date is step one. With divisional / continuation filings, walk back to the earliest priority date. Even one day past that date disqualifies the reference as invalidity art.
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A single reference that shows every element (a novelty-killer) is the most powerful. If you can't find one, attack inventive step with a 2- or 3-reference combination.
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Earlier filings by the same / related applicant are powerful invalidity art. Use
applicant_resolveto expand to affiliates.