Patent Invalidity: Key Grounds and Legal Considerations
A granted patent provides exclusive rights to the inventor, preventing others from using, selling, or manufacturing the patented invention without permission. However, patents can be challenged and invalidated if they fail to meet the legal requirements of patentability. Patent invalidation is crucial in safeguarding innovation from unjust monopolies and ensuring only truly novel and inventive technologies receive protection. This article explores the primary grounds for patent invalidation and their legal implications. 1. Lack of Novelty (Prior Art) One of the fundamental requirements for patentability is novelty. If an invention was publicly disclosed before the patent's priority date, either through publications, prior patents, or public demonstrations, it is considered prior art. A patent can be invalidated if evidence shows that the invention was not new at the time of filing. 2. Obviousness (Lack of Inventive Step) An invention must not be an obvious improvement over existin...