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- 1). Agree to correct patents. If all parties in a patent dispute agree to correct misinformation regarding inventors' names or other information, they may apply for a correction with the U.S. Patent and Trademark Office under 35 U.S.C. 256. If an interference proceeding has already begun with the patent office, all parties must also file motions under 41.121.
- 2). Apply for patent interference with the Patent Office. Existing patents can be contested with the patent office within one year of the patent issue or the patent's publishing. The Patent Office generally relies on existing patents to determine the validity of an interference claim.
- 3). File for interference with district court. Federal courts can only become involved in correcting or contesting patents once the Patent Office has either corrected or maintained a patent through interference procedings. District courts will provide a much more thorough examination of a patent's validity with the potential for full disclosure of evidence from all parties. For an inventor seeking interference, this process can open them up for countersuits in areas that they had no intention of contesting.
- 4). Claim patent infringement. If all other remedies fail, patents can be corrected through litigation claiming patent infringement on the grounds that a similar patent was already in existence. Therefore, only existing patent holders can benefit from this process.
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