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Need to Challenge a Patent? Here's how.

In 2012, the U.S. patent law changed to expand the options for challenging the validity of a granted U.S. patent without having to file a lawsuit in federal court. Since then, over 7,000 petitions have been filed in the United States Patent and Trademark Office challenging the validity of about 4,400 patents.

Typically these petitions are filed by a party that has been accused of infringement of a patent and a patent infringement lawsuit has already been filed. If the court handling a patent infringement lawsuit is aware that the validity of the patent is being challenged in the USPTO, quite often the court will “stay” or delay the proceedings in the lawsuit until the USPTO has resolved the validity challenge to the patent.

If the USPTO decides to consider the validity challenge, an examiner in the USPTO reconsiders the patentability of the invention in light of any new information provided in the petition requesting review.


such proceedings, approximately 58 percent of the patents challenged

have come out of the process with the patent claims unchanged. In about 7

percent of the patents, at least some of the patent claims have been

changed in order to be valid, while in approximately 29 percent of the

cases all claims of the challenged patent are found to be invalid.

For a full list of patents issued to South Dakota inventors in October 2017, read Jeff's full column in the Argus Leader.

November 15, 2017