If you have worked hard to invent something new, you’ll want to patent it. After you complete the long process required to protect your intellectual property, you might still encounter issues. This is because people can issue third-party challenges to the validity of your patent in a few different ways. This could make it impossible to sell your products or offer your services to customers, so you have to be prepared for such challenges. A California medical device patent lawyer from our firm can help you push back on these challenges and protect your intellectual property.
When Can Third-Party Challenges Be Filed?
Third-party challenges are often filed in the Post-Grant Review period, or PGR. This covers the nine months after a patent has been issued. They can also file a challenge after this time period has expired. If a challenge is issued after nine months or more, this is considered an Inter Partes Review.
Filing challenges after this point can be difficult, but not impossible. It’s important to always be prepared for anything when it comes to protecting your intellectual property.
Why Are Third-Party Challenges Filed?
Of course, people who file third-party challenges must have some kind of valid reason for doing so. They can file and say that, based on prior art like other patents, your patent should not have been granted because:
- It was not novel
- It was obvious
- It was not useful
If someone can make a convincing argument that any of the above things are true, their challenge of a patent can be successful.
How Can Someone Try to Challenge My Patent?
If someone believes that they have a good reason to challenge your patent, they can usually take one of two routes. The first is civil litigation. They can take you to court and challenge the validity of your patent in that way.
A newer option for third-party challenges allows them to go directly through the United States Patent and Trademark Office. They can attempt to challenge your patent during the post-grant review process and get it invalidated. The benefits of going through the USPTO is that the proceedings often take less time and cost less money. There is also a lower burden of proof required. However, this could put a stop to any litigation that has already begun.
If you hold a patent, you need to be prepared to address third-party challenges in any form.
Talk to an Attorney Today
Whether a party decides to pursue action in court or through the USPTO, it’s a good idea to have an experienced lawyer on your side. Contact Burns Patent Law to learn more about how we can help you protect your intellectual property and defend your patents from any frivolous lawsuits and challenges.
