I am here to find out the what exactly step take in order to invalidate a patent. I went through many of the articles but I got confused , is it ok to cite the family patent in invalidation if the inventor is same but the assignee is different? what should we actually look in patent in order to invalidate a patent/ please answer this question in brief/...

  • I fixed several misspellings. Even now, I find the question unclear. Could you please try to clarify what you are asking? If there is a specific patent you are concerned with then please list the patent number.
    – Eric S
    Jun 21, 2018 at 13:55
  • so , my question is- how a patent can be invalidated, what are the STEP TAKEN in patent invalidation. what are the things, we should keep in mind. HOW I WILL CONDUCT THE SEARCHES FOR VALIDITY /INVALIDITY.. Jun 22, 2018 at 9:21

1 Answer 1


The first step would be to sue the patent holder. Once the patent has been granted, it's a matter for the courts.

I don't have any examples of defensive suits launched prior to release of an infringing product, but it may occur.

Than main thing is that intellectual property litigation is considered ruinously expensive for all but the largest companies. The cases drag on for years and typically cost millions of dollars, with no certainty regarding outcome. (This is the reason "patent trolling" was so successful--most targets chose settlement, regarding it as the surest, most cost-effective solution.)

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