Patent owner options for correcting errors in US patents after grant

摘要

With the implementation of the America Invents Act, there has been considerable focus on options for third parties to attack the validity of US patents. However, there have also been a number of important court cases in the USA that have considered the question of what may be patented in the USA. These decisions have radically changed what may be patented in the USA, particularly in the field of biopharmaceuticals. Equally important to understanding what options are available to a third party to attack a patent, are the options and procedures available to patent owners to correct errors in patents and strengthen the validity of a patent prior to enforcement.