Challenges of Validity

At Maxwells, our legal team advises our clients on Intellectual Property portfolio management which includes the analysis and identification of possible risks and finding cost effective ways to treat any risks that occur. The risk of a Challenge of Validity can be prevented when relevant documentation and records are created and maintained. Whether the individual or business is challenging or being challenged, Maxwells will represent you, responding on your behalf and working with you to establish the status of validity and identifying and enforcing the correct ownership rights.

This is done by:
  • Proving ownership and associated IP rights
  • Identifying the creator
  • Establish exclusive licensee of rights
  • Proving the property exists
Maxwells can help you minimise the risk of a Challenge of Validity by:
  • Ensuring you keep proper records and documentation proving owner rights
  • Making sure all intangible assets are protected
  • Providing assignment agreements with employees, sub contractors and researchers to prevent ownership disputes later on
  • Encouraging proper labeling and documentation relating to all stages of research, development, manufacture, marketing and sale of to ensure proof can be collated easily and accurately
  • Managing your portfolio, keeping a register
  • Carrying out relevant searches and investigating the existence of the property and its status