Patent Law and Patent Litigation

Patent law gives inventors the right to prevent others from making, using, or selling their invention without a license. In the US, patents can be appealed to the Court of Appeals for the Federal Circuit and the US Supreme Court.


A patentable invention must have industrial application and be useful. It must also be novel, not derived from or learned about by another person.


The patentability of an invention is a crucial issue in the process of obtaining a patent. If an invention is deemed to be patent ineligible, then it cannot be patented even if it is useful, new, and non-obvious. This is why a thorough patentability search is necessary before filing an application.

The definition of patentable subject matter in the United States is largely determined by 35 U.S.C. SS101, which excludes a few specific activities from being considered inventions. These exclusions include purely mathematical methods, business schemes and programs for computers. However, the definition of what is considered a patentable activity differs from country to country. For example, some medical treatments are considered unpatentable in the US, while they are patentable in Europe and Australia.

In order to be patentable, an invention must have a technical nature and be capable of being made by the art. The process of making an invention must also be described with sufficient particularity to allow someone skilled in the field to make and use it without engaging in undue experimentation. In addition, the invention must be conceived and enabled, which means that it was conceived in the inventor’s mind and enabled to be constructed and practiced. The invention must also be new, not obvious, and not have been the subject of a patent issued anywhere in the world.

Filing a patent application

To get a patent, you must file a written application with the national patent office. This process can be complex and time consuming. The application must include a detailed description of the invention, drawings and a set of claims describing the scope of protection sought. In addition, the inventor must pay a fee to cover the cost of reviewing and processing the application.

Generally, only those inventions that meet certain criteria are eligible for patent protection. For example, an invention must be novel (i.e., different from any other invention that has been made public), it must be useful, and it must not be obvious. This requirement is determined by examining the claimed invention in light of the prior art. Generally, the earlier an invention is published, the less likely it will be to satisfy the obviousness requirement. This is why it is important to conduct thorough searches and carefully review all the information available before filing an application.

Inventors may file applications without the assistance of a lawyer or agent, but they should be aware that the patent application process is highly technical. Even small mistakes can have significant consequences. The USPTO recommends that applicants seek professional legal and technical assistance. This assistance is essential to avoid unnecessary delays and expensive litigation. It is also important to consult with local experts when applying for a patent in other countries.

Patent examination

The United States Patent and Trademark Office (USPTO) has a number of programs for expedited patent examination. These include prioritized examination, accelerated examination, and patent prosecution highway. Each program has different eligibility and documentation requirements. Osha Liang Insights will provide an overview of the USPTO’s expedited examination procedures and how they work.

The USPTO’s patent examination process begins with a review of the application. The examiner will analyze the claimed invention in light of statutory requirements such as usefulness, novelty, and nonobviousness. The examiner will also review the complete specification and any claims that are filed.

Once the examiner has completed his or her analysis of the claimed invention, he or she will issue an office action that either allows all or rejects some of the claims. It is important that the examiner communicates clearly in each office action the rationale behind any rejection. This will help reduce miscommunication and misunderstandings.

When the examiner rejects a claim, the applicant can appeal to the Patent Trial and Appeal Board (PTAB). However, this process is time-consuming and difficult. In addition, it can be costly. Therefore, it is essential that applicants seek the advice of a qualified attorney before filing any request for appeal. A patent attorney can advise applicants on the best way to proceed with an appeal and ensure that their applications meet all of the legal requirements for a successful outcome.

Patent litigation

In patent litigation, the judge or jury decides issues involving monetary damages and the validity of the patented invention. The court also decides the scope of discovery. The parties can also file motions to limit or bar expert testimony, which may be helpful in reducing the amount of time needed for the trial.

During the discovery phase, both sides will have to gather and exchange documents and data related to their case. Often, the patent owner will have to provide a detailed description of its invention and a list of all of its claims. Depending on the case, experts may be called to testify about financial matters or infringement. Experts can be difficult to find, however, because they must be neutral and have no allegiances to existing companies.

After the judge has reviewed the evidence, he or she will hold a Markman hearing to determine the meaning of specific terms in the disputed patent. The judge will consider intrinsic evidence such as the patent’s claims and prosecution history, as well as extrinsic evidence such as legal dictionaries and expert testimony.

The loser of a patent lawsuit can appeal the case to the Federal Circuit. The appellate process typically lasts about a year, and the court will issue a decision by a three-judge panel. If the appeals court agrees with the original verdict, it will reinstate it.