Process for invalidating a patent updating database letter

Now let us consider a simplistic example to better understand this concept.The patent office examines the patent application and identifies 3 existing patents; the first one covering module “A”, the second one covering module “B” and the third one covering module “C”.Given PTAB rules on consolidating multiple cases challenging claims from a single patent, it could be safely assumed that there’s a 1:1 ratio of trials to patents after institution of a trial at PTAB.Also, it needs to be pointed out that, if 50 percent of PTAB petitions are instituted, only 17 percent are denied.In other words, granting of a patent does not mean that, the patent office grants a permission to commercialize the patented invention, and guarantees that such commercialization will not violate others’ patent rights.In the above example, if the patent owner, despite of having a patent granted, commercialises his patent invention, by selling a product based on his patent invention, could end up infringing the 3 existing patents, which covered modules A, B and C individually.A patent is granted to an inventor for an invention.This invention need not be something out of the blue; rather, a subject matter is considered to be an invention, as long as it is a new product or a new process involving an inventive step, which makes it non-obvious to a person with ordinary skill in the related technology.

This conception is extrapolated to mean that, if a patent owner sells a product that is based on the invention that is protected by his own patent, then he will not be liable to infringement on others’ patents.Given that different petitions can challenge different claims from the same patent, these statistics suggest that less than 16 percent of challenged patents reaching final written decisions may be walking away unscathed.The numbers move even more significantly tilted when adding in both pre- and post-institution settlements; again, many (if not all) of these settlements result in outcomes unfavorable to the patent owner.Of course, the reason the Patent Office prefers not to use this metric is because it looks like the percentage of patents that have defective claims exceeds 90 percent, which means means the Patent Office has a problem with an overactive PTAB, grossly inadequate patent examination, or both.Using the legal data analytic tools available through Lex Machina, we’re able to see a different perspective on PTAB data based on the outcomes of trial resolutions.