送交者: 吴礼 于 2006-1-26, 09:29:30:
回答: Geez. 由 jiangzhaiwai 于 2006-1-26, 01:03:39:
Although you are granted a patent, you may still need to defend the patentability of your invention in an infringement suit. Therefore, the grant of a patent does not guarantee your rights of exclusivity. It only gives you the right to sue for infringement, and therefore obtaining exclusivity if you win the case. (Of course the party that you sue may choose to settle and pay loyalty, just as in any potential law suit situations.)
In other words, the USPTO does not provide decision on whether the patent is valid, even if it grants you the patent (although such grant may be considered as an indication that the patent may be valid).
See the following quotes from the FAQ provided by USPTO: (http://www.uspto.gov/web/offices/pac/doc/general/index.html#infringement)
"In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. …The [USPTO] Office has no jurisdiction over questions relating to infringement of patents.”