Difference between revisions of "Assignor estoppel"
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| − | '''Assignor estoppel''' is the patent law doctrine that an assignor of a patent is estopped, or barred, from later contesting the validity of the patent. The logic behind this doctrine is that by assigning the patent, the patent-holder accepted its validity, and cannot contradict himself on that point later. | + | '''Assignor estoppel''' is the patent law doctrine that an assignor of a patent is estopped, or barred, from later contesting the validity of the patent. The logic behind this judge-made doctrine is that by assigning the patent, the patent-holder accepted its validity, and cannot contradict himself on that point later. |
| − | The [[America Invents Act]] abrogated this doctrine for '' | + | The [[America Invents Act]] abrogated this doctrine for ''inter partes'' proceedings,<ref>https://www.patentspostgrant.com/equitable-defenses-ptab/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original</ref> however, which further undermines the validity of patents like much of what the AIA has done. |
== References == | == References == | ||
<references/> | <references/> | ||
[[category:Patent Law]] | [[category:Patent Law]] | ||
Revision as of 19:06, January 27, 2021
Assignor estoppel is the patent law doctrine that an assignor of a patent is estopped, or barred, from later contesting the validity of the patent. The logic behind this judge-made doctrine is that by assigning the patent, the patent-holder accepted its validity, and cannot contradict himself on that point later.
The America Invents Act abrogated this doctrine for inter partes proceedings,[1] however, which further undermines the validity of patents like much of what the AIA has done.