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A patent gives you exclusive rights to your invention, but those rights aren’t always permanent. Mistakes in the application, missed payments, or legal challenges can lead to revocation. Sometimes, competitors or third parties seek to invalidate a patent if they believe it was improperly granted. The U.S. Patent and Trademark Office (USPTO) and the courts have processes to review and, in some cases, revoke patents. Whether a patent remains valid depends on meeting legal requirements, maintaining payments, and defending against challenges when they arise.
Reasons a Patent Can Be Revoked
Patents offer valuable protections, but they can be revoked under certain circumstances. Some of the most common reasons include:
- Failure to meet patentability standards – If a patent is later found not to be new, useful, or non-obvious, it may be revoked.
- Errors in the application – Mistakes, omissions, or misleading statements in the filing process can lead to cancellation.
- Non-payment of maintenance fees – Patents require periodic fees to remain active. Missing a payment can result in automatic expiration.
- Fraud or misconduct – If a patent was obtained through dishonesty, such as falsifying information or hiding prior inventions, it can be challenged and revoked.
Patent holders must be aware of these risks to maintain their rights. Taking steps to ensure accuracy, compliance, and timely payments can help protect a patent from revocation.
Challenges to Patent Validity
Even after a patent is granted, others may challenge its validity. These challenges can come from competitors, individuals, or companies that believe the patent should not have been issued. The most common ways to contest a patent include:
- Post-grant review (PGR) – Available within nine months after a patent is issued, this process allows third parties to challenge a patent based on a wide range of legal grounds, including prior art and lack of novelty.
- Inter partes review (IPR) – This review focuses on whether a patent’s claims are valid based on previously published materials. It is often used in disputes between businesses.
- Ex parte reexamination – Anyone can request that the USPTO reexamine a patent’s validity at any time based on new evidence.
- Patent litigation – If a patent owner sues for infringement, the accused party may argue that the patent is invalid in court.
Patent owners must be prepared to defend against these challenges to maintain their rights.
What You Can Do to Protect Your Patent
A granted patent isn’t immune to challenges, but there are steps you can take to strengthen its validity and reduce the risk of revocation.
- File a strong application – Ensure your patent application is thorough, accurate, and meets all legal requirements. Mistakes or omissions can leave your patent vulnerable.
- Conduct a comprehensive patent search – Before filing, research existing patents to confirm that your invention is unique. Overlooking prior art can lead to invalidation.
- Pay maintenance fees on time – The USPTO requires periodic payments to keep a patent active. Missing a deadline can cause automatic expiration.
- Monitor for challenges – Stay informed about any legal actions or disputes that could threaten your patent’s validity.
- Seek legal guidance when needed – If your patent is challenged, responding quickly and strategically can make a difference.
By taking these precautions, you can better protect your patent and maintain your exclusive rights.
Contact Our Experienced New Jersey Patent Attorneys
Patents offer valuable protection, but they can be challenged or revoked under certain circumstances. Understanding the risks and taking proactive steps can help you maintain your rights. If your patent is being questioned or you need guidance on securing strong protection, we can help. At Gearhart Law, we work with inventors, businesses, and entrepreneurs to safeguard their intellectual property. Whether you’re filing a new patent or defending an existing one, our team is ready to assist. Contact us today to discuss your patent concerns and take the next steps to protect your innovation.