When is a Patent Invalid?

Creating invention calls for patent protection. Patents are vital for inventors, be it individuals or businesses, as they provide a 20 year monopoly and an upper hand in infringement cases. Obtaining patent protection allows you to confidently venture into new markets and stay ahead of the competition. However, getting a patent registration is not an easy task. You need to ensure that your invention passes the requirements of inventiveness, novelty, and functionality for obtaining patents. Lack of any of these aspects can render a patent invalid, even after it is granted. Knowing these grounds for patent invalidation helps you secure patent protection and also protect your patent from opposition.

Novelty and Non-obviousness

In order to obtain a patent, your invention must be new or novel and non-obvious. As per the novelty requirement, the invention must be new and not be known to the public. It must not have been disclosed to the public by you or through any previously published registered and unregistered patents or pending patent applications. Most often, invalidation on the basis of novelty happens due to similarity to a prior art. Prior art can be a product or any information related to a patent or an invention previously disclosed to the public. If it is found that your patent or one or more of its claims is not new or is similar to a prior art, it can be rendered invalid. A valid patent also requires the invention to be non-obvious. There must be an inventive element in order to obtain and retain your patent. Any obvious invention or improvement over the invention, known or easily guessed by the public can render your patent invalid.

Utility

Along with being novel and non-obvious, your invention must pass utility requirements for a valid patent. Although the utility of an invention can be determined by commercial success, in order to obtain a patent, the invention must be directed to practical use. It is not necessary to mention the mechanism underlying the function of a patent. The invention is deemed useful if it is capable of producing the desired results and does what is promised. For example, if you have patented a door knob, it must serve the purpose of its invention i.e., assists in opening the door. To be valid a patent’s usefulness must be established. Any proof that the patent is non-functional can render your patent invalid.

Adequate Disclosure

Sufficient disclosure is a necessary requirement for a valid patent. While obtaining a patent, you must disclose all the necessary information related to your invention. All this must be done in a clear and concise manner. Vague word usage or an ambiguous description can render your patent application or patent invalid. Submitting necessary drawings and describing them fully and clearly is vital for a valid patent. You patent can be invalidated, if the information provided while obtaining the patent is untrue, or contains more or less than the necessary information or any omissions or additions are made willfully to mislead.

Hence, you must exercise caution when obtaining a patent to protect yourself from patent invalidation. Because of the complexity of patents and patent law, obtaining patents can be a daunting task. Guidance of a patent agent can be useful in securing patents and eliminating risks of patent invalidation.