Start Invalidating an issued patent

Invalidating an issued patent

Many agree that the Supreme Court's current patent-eligibility jurisprudence is confusing and murky.

Two relatively new post grant proceedings took effect on September 16, 2012 that may be useful for businesses that wish to invalidate troublesome and overly-broad patents.

More specifically, these proceedings provide a challenger an opportunity to invalidate already issued patents.

This panel will consider whether such a radical move is warranted, whether the Supreme Court's patentable subject matter jurisprudence is on the right track, or perhaps whether any problems in patentable subject matter jurisprudence are fixable by the Court or by Congress.

This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.

One proposed solution has been to simply abolish § 101, the provision that sets forth the requirement that only an invention comprising a “machine, manufacture, process, or composition of matter" is patentable. How will the Supreme Court rule on a high-stakes patent law case?

The argument is that this provision is an antiquated holdover from the first patent statutes that did not have the granular requirements that now exist in the modern Patent Act, ensuing that only novel, nonobvious, useful and fully disclosed inventions are patentable. Professor Greg Dolin of the University of Baltimore School of Law weighs in on this $1B lawsuit between Samsung and Apple, a patent war that has been fought in courtrooms around the world which may finally be settled by the Supreme Court in what is being called the patent trial of the century.

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