What Are The Grounds For Patent Invalidity

Have you come across a patent or a patent application that you think is invalid? Maybe you have encountered a similar invention somewhere or the patent has not lived up to its promise. Canada is a first to file system, where anyone can attempt to invalidate a patent if they have good reasons to believe it is invalidity. This can be done at different stages of a patent. You can invalidate a patent application, as well as an issued patent, on various grounds. But, before you proceed to invalidate a patent on any of these below-mentioned grounds, make sure you consult professionals to help you prevent errors.

Novelty

In order to be patented, the invention must be novel. It should be new and should not have been known to the public. If a similar invention or prior art reference, such as a document or a whole product whether patented or unpatented, is found, then the patent or patent application in question may be invalidated. To prove invalidity on the grounds of novelty, it is important that you go through both the patents under scrutiny in depth. If needed, consult patent law specialists like patent lawyers and agents.

Obviousness

Along with being new, to be patentable, the invention must be non-obvious. If anyone skilled in the art can predict or create the invention, such an invention is considered obvious and non-inventive, and cannot be patented. You can test this by assessing the claims and evaluating if the inventive part of the claims is obvious to a person skilled in the art. It is recommended to consult a patent lawyer or agent to determine invalidity based on obviousness.

Failure To Fulfill The Promise

Patented inventions must be of some use. Utility or usefulness is a mandatory requirement to patent an invention. Whether it will be commercially successful or not is not a concern. But, it should be of some value to the public. Factual evidence is required to prove the utility of an invention. And, once the patent is issued, the invention must do what it claimed to do in the application. In addition to this, if the patent explicitly specifies an outcome or a result through the invention, the invention must fulfill the promise or it can be invalidated.

Double Patenting

Double patenting is the granting of two patents for the same subject matter to a single applicant. In Canada, a patent is granted for a single invention. Double patenting is of two types. One, where at least one claim is identical in both the patents. And, the second is where the claims in the subsequent patent are obvious in the light of the first patent. If double patenting is found, you should evaluate the claims in each patent. If it is found identical or obvious with regards to the first application, then you can potentially invalidate the patent.

Sufficiency Of Disclosure

When you file for a patent, you must accurately and correctly describe your invention to obtain a patent. Without an accurate and detailed explanation of its usage, how will a person with basic skills in the art be able to reap its benefits? Honest and complete disclosure is a vital requirement for patent registration. If an application or a patent lacks sufficient disclosure of its claimed invention, then you can potentially invalidate the patent.

Depending on your situation and budget, you can invalidate a patent in different ways. Patent lawyers and agents are well versed in patent law and can guide you through the invalidation process.