Patent invalidation is the legal process of challenging the validity of a granted patent when it is believed to be wrongly approved, overly broad, or lacking novelty. It allows individuals, startups, or companies to formally request the cancellation or revocation of such patents by proving that the invention was not new, was obvious, insufficiently disclosed, or falls under non-patentable subject matter. This process is especially useful in defending against patent infringement claims or removing legal barriers to launch or operate a product.

 At SolvLegal, we help businesses, startups, and innovators safeguard their operations by providing expert Patent Invalidation services before the Indian Patent Office.

How It Works:

 【1】Share Patent Details & Dispute

Provide the patent number, opponent details, and a brief summary of why you believe the patent is invalid or wrongly granted.

【2】Expert Legal & Technical Review 

Our patent attorneys and technical experts analyze the patent, conduct a prior art search, and assess grounds for invalidation.

 【3】Drafting & Filing Invalidation Petition 

We prepare a detailed revocation petition or post-grant opposition and file it with the appropriate authority.

【4】Representation & Resolution 

Our team represents you through hearings, responses, and strategic advisory until the patent is successfully challenged or resolved.

Patent invalidation involves filing a formal request to cancel or revoke a granted patent by proving that the invention lacks originality, novelty, inventive step, or does not meet legal requirements. This is a powerful defense tool in patent infringement lawsuits or when you want to clear your path for product launch, manufacturing, or commercialization.

Our team of experienced patent attorneys, technical experts, and legal strategists will analyze the patent, conduct prior art searches, and prepare a strong case for invalidation based on Indian patent law and international jurisprudence.

Key Grounds for Patent Invalidation:

• Lack of Novelty – If the invention is already known or publicly disclosed anywhere in the world.
• Obviousness – If the invention lacks an inventive step or is obvious to a person skilled in the art.
• Insufficient Disclosure – If the patent does not fully or clearly explain how to carry out the invention.
• Subject Matter Ineligibility – If the invention relates to non-patentable subject matter under Indian law.
• Fraud, Misrepresentation, or Wrongful Ownership.

What We Offer in Patent Invalidation:

Detailed assessment of the granted patent

Comprehensive prior art search and analysis (Indian and international sources)

Drafting and filing of Revocation Petition or Post-Grant Opposition

Representation before the Controller of Patents or Intellectual Property Appellate Board (IPAB) if required

Strategic advisory for ongoing patent infringement litigation

Government Fees for Patent Invalidation in India:

Note: These government fees are exclusive of professional charges. Additional costs may apply for legal representation, document preparation, and hearing appearances.

Why Choose SolvLegal ?

At SolvLegal, our patent invalidation and litigation services are led by seasoned patent litigators and intellectual property experts with deep legal and technical insight. Every case is handled with precision through well-researched drafting backed by comprehensive analysis across global patent databases, ensuring your challenge is grounded in strong legal arguments. If your business or product is being unjustly blocked by an existing patent, we act swiftly and strategically to counter wrongful enforcement and restore your freedom to operate. With transparent pricing and dedicated support throughout the process, SolvLegal empowers innovators to defend their commercial rights and move forward without legal roadblocks.

FAQs

Who can file for patent invalidation in India?

Any person, startup, company, or third party affected by a granted patent can file for its invalidation, either through post-grant opposition or a revocation petition.

What is the difference between post-grant opposition and revocation?     

Post-Grant Opposition is filed within 12 months of patent grant, usually by an interested party before the Indian Patent Office. However, Revocation Petition can be filed any time after grant, especially when you're facing legal threats or patent infringement litigation.

Can I use invalidation as a defense in a patent infringement case?              Yes. Challenging the validity of a patent is a strategic defense in infringement cases, especially when the patent holder is trying to block your product or business unfairly.

How long does the invalidation process take?

Timelines vary depending on the complexity and forum: IPO Proceedings: ~6–12 months. Court/IP Division: ~12–24 months

How do I get started with a patent service on SolvLegal?

Simply fill out our online form, share your requirements, and our team will contact you within 24 hours for a consultation.

Does your platform offer fixed pricing or subscription plans?

Yes. SolvLegal offers transparent pricing, including one-time professional fees and monthly/annual subscription plans for startups and businesses needing ongoing IP support.

Is my patent information kept confidential?

Absolutely. Client confidentiality is a core principle at SolvLegal. All shared documents and inventions are protected under attorney-client privilege and NDAs.

Get in touch with our IPR team for a confidential review of your case.