Need to Challenge a Patent? Here's how.
In 2012, the U.S. patent law changed to expand the options for challenging the validity of a granted U.S. patent without having to file a lawsuit in federal court. Since then, over 7,000 petitions have been filed in the United States Patent and Trademark Office challenging the validity of about 4,400 patents.
Typically these petitions are filed by a party that has been accused of infringement of a patent and a patent infringement lawsuit has already been filed. If the court handling a patent infringement lawsuit is aware that the validity of the patent is being challenged in the USPTO, quite often the court will “stay” or delay the proceedings in the lawsuit until the USPTO has resolved the validity challenge to the patent.
If the USPTO decides to consider the validity challenge, an examiner in the USPTO reconsiders the patentability of the invention in light of any new information provided in the petition requesting review.