Top 10 Reasons For Revocation Of Patent And The Role Of Patent Lawyers In Such Instance

A patent gives you the right over your invention

. It prevents others more making or using it, or offering it for any commercial purpose. Sometimes you may find that another individual or corporation has already filed the application though you have reason to believe that it was originally your invention. Perhaps the news leaked because you spoke about your work to a person or it was published or demonstrated in public. Your competitor might have learned about it, and moved quickly. The patent application was filed even before you came to know about it.

You can still do something about it. You will have to go for patent revocation. You can ask for a revocation in the following two ways.

*You can approach the appeal board of the patent office and file your petition. The board will give you a hearing where you will have the opportunity to place your case.

*You can approach a court of law and file your complain.

No matter which option you select, a revocation notice is still served to everybody concerned with the patent.

You Can Consult a Lawyer for a Revocation under the Following Grounds

*The patent has been granted to a person or corporation, and this person or business was not entitled to make the application.

*You had already filed your application before your competitor, but the office still awarded the patent to your competitor by mistake.

*The patent has been obtained wrongfully, perhaps by making false claims that cannot be substantiated satisfactorily.

*The subject matter of the claim made is not actually an invention, and thus, a patent cannot be awarded for it.

*There are two aspects to any patent - it must be new or unique, and it should be useful to industry and humanity. Your complaint is that, the patent granted is for something that you feel is not useful in any way.

*The claim made of the invention is something that is quite obvious, and so, a patent cannot be awarded for this.

*The specification submitted does not fairly and sufficiently describe this invention, as well as the method used to show the performance. In other words, the method described in which the invention works is not sufficient.

*The subject under which the patent was obtained in non-patentable.

*The claimed invention was used before the date of application.

The office will carry out an examination once you have submitted the revocation appeal. If your claims are found to be accurate, then the patent can be revoked.

by: Kevin Wolfe

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