Legal Definitions - breaking a patent

Definition: Breaking a patent refers to the act of proving that a patent is invalid or unenforceable. This can happen if the patent was obtained unlawfully or if it was improperly issued by the U.S. Patent and Trademark Office due to fraud or the existence of prior art.

For example, if a company sues another company for patent infringement, the defendant may try to show that the patent should not have been granted in the first place or that the patentee has misused the patent. If successful, this would break the patent and the infringement allegations would be dismissed.

Another example could be if a patent was granted for an invention that was already known or used by others before the patent application was filed. In this case, the patent would be invalid and could be broken.

In summary, breaking a patent involves proving that the patent is not valid or enforceable, which can happen for various reasons such as fraud or prior art. This can be used as a defense in patent infringement cases.