When you have a patent for a product, others might try to come after it and cast doubt on its validity. It’s important to do the proper research when applying for a patent and ensuring that you are protected from such invalidity challenges. A California multitool patent lawyer can help you protect yourself and any valuable intellectual property.
What Are Invalidity Challenges?
When an examiner at the United States Patent and Trademark Office evaluates a patent application, they do the research needed to determine whether or not an application is for a truly new and novel invention. If they look into the matter and determine that you have submitted a new invention that should be protected, then you can be granted a patent.
Invalidity challenges are issued when someone believes that the original examiner missed something. A patent examiner is supposed to make sure that nothing like the patent being applied for already exists, but they did not do enough research. The patent was not distinct enough from an existing patent to be granted.
Why Are Invalidity Challenges Filed?
There are a few good reasons to file invalidity challenges. They are often made by competitors in the same market. A challenge can even be filed when a person or company has been hit with an infringement claim.
The goal here is to say that this patent that was filed wasn’t actually new or novel. The examiner missed prior art and erroneously issued a patent that never should have been issued. A successful claim can then allow someone else to use a technology, method, or invention, without worrying about paying licensing fees or being hit with accusations of infringement.
Are There Ways to Fend Off Invalidity Challenges?
Obviously, you do not want any invalidity challenges to be successful. It can take a lot of time and money to secure a patent. Having all of that go to waste and losing out on future revenue and market share due to a single challenge can be infuriating.
Fortunately, you can do a few things to better protect yourself from invalidity challenges. We recommend:
- Doing a comprehensive and exhaustive prior art search before getting any patents
- Monitoring your patent portfolio and looking for any potential weaknesses
- Making claims and patent applications as precise as possible with detailed descriptions
Doing all of this on your own can be difficult. Fortunately, you don’t have to handle these tasks by yourself. Our law firm is ready to assist you.
Contact Our Patent Lawyers
An experienced patent lawyer can help you protect your IP. If you want to learn more about how we can assist you from the beginning of the patent process, contact Burns Patent Law. Don’t let someone else challenge your patent and take away the protection that offers.
