Invalidity analysis is a detailed examination process to question the legal validity of a registered patent, trademark or design and to evaluate the possibility of cancellation. This analysis is of critical importance, especially for businesses and individuals who want to gain legal advantage in the competitive environment or to eliminate unfair registrations. Providing concrete evidence that an existing intellectual property right may be cancelled provides a strong argument in legal proceedings.
In the analysis process, factors that may affect the validity of the relevant registration are examined. For patents, novelty and inventive step criteria are evaluated, while for trademarks, distinctiveness and usage are taken into consideration. For designs, previous registrations and similar appearances in the public domain are taken into consideration. If the relevant intellectual property right has a similar right that has already been registered or has been registered in violation of the legislation, an invalidation action may be brought.
The invalidity analysis not only supports a legal process, but also helps to determine competition strategies. This analysis is of great importance to prevent unfair competition, maintain a strong position in the market and reduce commercial risks. It is also a guiding process for companies in terms of acting in accordance with the relevant legislation and protecting valid registrations.
In order to question the reliability of existing intellectual property rights and minimise legal risks, invalidity analysis should be performed meticulously. This process helps businesses to provide long-term protection by strengthening their strategic decisions.