Start Invalidating a patent

Invalidating a patent

Novelty in this context means that the invention was not fully disclosed in a single prior-art reference.

If one concludes that a patent is valid and would be infringed by a particular practice, the obvious alternatives would be to pursue an approach which does not infringe the patent or to consider making inquiry of the patent owner to determine whether a patent license would be available.

While the foregoing does not purport to provide an exhaustive listing of the various ways in which patent validity may be evaluated, it is hoped that it will provide an enhanced understanding of some of the major considerations generally involved in such evaluations. Silverman is a partner in the law firm Eckert Seamans Cherin & Mellott, 600 Grant Street, 42nd Floor, Pittsburgh, PA 15219; telephone (412) 566-6000; fax (412) 566-6099; e-mail [email protected]

It further requires that the disclosure reveal the "best mode" contemplated by the inventor of carrying out the invention.

Patent and Trademark Office for more than two years, submitted a letter of resignation Tuesday afternoon.

A former Google executive who advocated strongly for women and minorities, Lee took the helm of the patent office at a crucial time for the technology industry.

Tech companies were awash in frivolous lawsuits, many involving software patents, filed by "patent trolls" — companies that control intellectual property but derive much of their income from legal action rather than the manufacture of goods.

If the technology falls within the claims, the next phase of evaluation is to determine whether the patent is valid. As an initial step in evaluating the validity, it is frequently desirable to obtain a copy of the United States' Patent and Trademark Office's "file wrapper." The file wrapper contains a copy of the application as filed and the communications between the applicant and the Patent and Trademark Office which resulted in issuance of the patent.