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Invalidity Proceedings
Invalidity Proceedings
An official proceeding before a patent office or court to seek revocation of a granted patent on the grounds that it does not meet the requirements for patentability.
There is a presumption that a granted patent is valid. However, this presumption can be overcome through new arguments or evidence (e.g. prior art) that was not considered during examination of the patent.
Invalidity proceedings may be brought in isolation by an entity wishing to remove the threat posed by a patent (i.e. for Freedom-to-Operate purposes) or as a counterclaim where infringement proceedings have been brought.
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