Intellectual Property Practice Group Co-Leader Imron Aly was quoted on the recent U.S. Supreme Court ruling in Minerva v. Hologic. The decision modified and limited the previous bar on inventors from challenging the validity of their patents after they have been assigned to others.
Imron said that under the ruling, inventor challenges are now allowed in some situations, including when inventors assign patent rights as a condition of employment before any patent application exists or when the patent is changed after the assignment. But he says that inventors may only want to invalidate their own patents in limited situations, such as when they are involved with a new, competing company.
"As a practical matter, the impact of this decision is likely to be rarely seen, but critically important when it does happen," he added.
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