Someone is Saying You Infringed on Their Patent
What if I find that those claims are just written so lousy that they don’t make any sense? Can I go to the patent office and say, “Hey, the formal requirements of this patent are not met. So you have to institute an IPR?”
No, the IPR is only for prior art challenges, so a novelty or obviousness rejection. The formalistic requirements under say 112 or 101 would only be able to be brought during federal district court proceedings.
Got it.
Under a validity challenge.
When you say 112, that’s formalistic, the, the terms in the patent application are incorrect or the claims don’t make any sense. That’s formalistic.
Yes.
112, and 101, that the patent simply tries to claim an abstract idea, right?
That, that is, yeah, one issue. Abstract idea, mathematical formulas, laws of nature, things like that.