Expert: George H. Morgan, P.E., Patent Agent - 9/20/2011

Question
QUESTION: Is it possible for a patent to be revoked, for whatever reason? (ie a corporation sues that the patent should never have been given because the invention is too obvious)

ANSWER: 1. If you don't pay the maintenance fees, the patent will be abandoned, by action of the Patent and Trademark Office.

2. The validity of the patent is a matter for the courts. When you try to enforce a patent against an infringer. the infringer will try to convince the judge (or jury) that the patent is no good.
If there was prior art that was not disclosed, or if there was unknown prior art, that can render a patent ineffective.

With the recently enacted Patent "Deform" act, inventor rights took a beating in that it is easier for the big corporations to try to invalidate a patent in the courts.

I hope this helps.

Best wishes on your project.

George H. Morgan
Professional Engineer
Registered Patent Agent
www.evansville.net/biz/patagent


---------- FOLLOW-UP ----------

QUESTION: Thanks.

What do you mean by 'prior art that was not disclosed'?

Answer
The applicant, in his application submission states that he/she is not holding back information that is relevant to the patenting of his invention. i.e. prior art means what has been done before. Let's say you saw a toy in England that is not seen in the U.S. so you filed an application as your invention. The toy over in England is prior art. (One of my clients tried to pull that. Of course, the patent examiner found it when he searched for prior art.) If a patent had been awarded, it would be unenforceable and if proven the client knew of it, he would be liable to fines and incarceration. Uncle Sam takes those certified statements very seriously.