Process for invalidating a patent
Of the 1,556 petitions for patent review proceedings at the PTAB that have reached final written decisions, only 16 percent of those final written decisions left all claims upheld.Of the remaining 84 percent of cases, a full 69 percent (1,076 petitions) have led to findings of all claims unpatentable; with 15 percent of final written decisions a mixture of claim findings in which at least some claims have been invalidated.Many petitioners continue to challenge the same patent despite such denials of institution (as in the case of Zond), so it’s likely that many of those claims eventually have a petition instituted.14 percent of petitions are still open pre-institution and 13 percent reached settlements in which a patent owner almost certainly gave up claims or otherwise agreed to end the case on unfavorable terms.(PTAB) paint a misleading picture, which is used to justify the agency’s budget requests but does a poor job of adequately portraying the effects of post-grant review proceedings on intellectual property owners.For example, If you use the USPTO’s statistics as reported above, it looks like only slightly more than 10 percent of challenged claims are invalidated by PTAB, which is simply not true.data scientist Brian Howard did note that there are a few reasons why the numbers for PTAB trials might naturally reach these conclusions.First, the role of the institution decision is such that APJs have decided that a petitioner has already proven that their invalidity challenge has merit.
This invention need not be something out of the blue; rather, a subject matter is considered to be an invention, as long as it is a new product or a new process involving an inventive step, which makes it non-obvious to a person with ordinary skill in the related technology.
In spite of these existing patents, the patent office is convinced that a product comprising modules A, B, C and D has inventive step, which makes it non-obvious to a person with ordinary skill in the related technology, and hence grants a patent.
The granting of the above patent only means that a product comprising modules A, B, C and D, according to the patent office satisfies the requirement of patentability.
It is often conceived that a patent gives the right to the patent owner to use his invention.
This conception is extrapolated to mean that, if a patent owner sells a product that is based on the invention that is protected by his own patent, then he will not be liable to infringement on others’ patents.