Assuming the invention disclosed in a patent issued by the USPTO has been described in a book two years before it was submitted, can this patent still be invalidated by this prior art? If yes what is the procedure to follow?


Yes. An issued patent is presumed to be valid, but a challenger can produce prior art to demonstrate that the claims of the patent were anticipated or rendered obvious.

There are administrative post-grant procedures for challenging an issued patent, and, of course, anyone who is sued by a patent holder can support a defense of invalidity by producing prior art - even possibly art that was originally considered by the Patent Office when the patent was issued.


That said, the America Invents Act does create a new avenue for challenging patents, albeit a limited one. It allows third parties to introduce evidence of so-called “prior art” (proof the invention had already been invented) to block patents from being issued, and it also introduces a new framework to challenge patents in a “post-grant review” process.

Source: http://www.wired.com/threatlevel/2011/09/obama-signs-patent-reform-bill-crustless-sandwich-still-patented


Here is a video of Tim Meyer explaining post-grant proceedings as of 2009. This is before the "new framework to challenge patents in a "post-grant review" process" so keep that in mind when watching it.


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