An issued patent is presumed to be valid. The United States Patent and Trademark Office (USPTO) reviews a patent application for compliance with the statutory requirements of patentability when determining whether to allow the patent. However, sometimes a patent issues that is later determined invalid, such as by a court during patent litigation. For example, if during patent litigation, new prior art is uncovered that had not been considered by the USPTO during prosecution of that patent application, a court may determine that the patent is not valid in light of the new prior art. Prior art may be a patent, publication, public use or offer for sale of the claimed subject matter that dated before the invention date of the subject matter claimed in the patent.
Specific statutory requirements of patentability include 35 U.S.C. §101 et seq.
If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).