Definition
Patent validity refers to whether an issued patent satisfies all legal requirements and would survive a challenge in court or before the PTAB.
Why It Matters Legally
Even granted patents can be invalidated, so validity is always in play during enforcement. A patent owner’s leverage depends heavily on how likely the patent is to hold up under attack.
Example Use Case
Before suing, a patent owner commissions a validity analysis to gauge how vulnerable its patent might be to an invalidity challenge.
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Related Terms
Patent Invalidity, Prior Art, Inter Partes Review, Patent Litigation, Claim Construction