Can parties invalidate patents of their competitors without showing
concerns related to infringement or product development for the
If you want to invalidate a patent, you can do so either through the Patent Trial and Appeal Board or through a federal district court. There are basically 3 options:
- Post Grant Review -- available up to 9 months after grant/issuance for § 282(b)(2) or (3) grounds;
- Inter Partes Review -- for invalidity challenge under §§ 102 or 103 grounds;
- Federal District Court -- file for "declaratory judgment" under more general approach but requires "standing" usually requiring a "case or controversy" between litigants.
Generally invalidity relates only to the patent and claims at issue. Other company's product development/technologies are irreverent unless they are directly related to grounds for invalidating the patent/claims at issue (e.g., they're prior art, invention wasn't "invented" by inventor, etc.).
The US patent system is governed under Federal law, so the rules and procedures should be the same regardless of state/jurisdiction/venue -- although in practice different Judges/courts/circuits do show certain leanings one way or another.