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[IPTaraus]

If one claim in a patent is deemed invalid, would the entire patent (i.e. all the claims) be deemed invalid?

Thanks.

[DogDayPM 9er9er9er]

If one claim in a patent is deemed invalid, would the entire patent (i.e. all the claims) be deemed invalid?

What's the context and what caused the determination of invalidity?

Litigating and failed (in U.S.) to give best mode, or failed to sufficiently enable the claimed invention?  All claims/patent is invalid.  Same in EU, if the spec fails to teach the invention with sufficient clarity for the skilled man to practice the claimed subject matter.  Inequitable conduct will also kill all the claims in the patent although you asked about invalidity so I'm drifting already.  Hey, it's been a tough weekend.

On the other hand, if your claim 1 is shown in litigation to be invalid for, say, obviousness/lack of inventive step, my understanding is that if the subject matter in another independent claim or for that matter dependent claims 2-8 or 43-47, etc., is still non-obvious/inventive, then those claims could stand.

I believe it's similar in re-issue or re-exam situations; some claims can be found invalid for anticipation/obviousness, while others with other discrete features may still hold up as novel, non-obvious.

[IPTaraus]

Thanks much.

Good thing that no one is about to suffer. I am speaking on a generic term and trying to see all the scenarios.

[JimIvey]

Just to add a bit about inequitable conduct.  Not only does it render the entire patent unenforceable (not invalid), it can also render related patents, particularly if asserted as a group against a single accused device/method, unenforceable. 

Regards.

[horsechute]

"If one claim in a patent is deemed invalid, would the entire patent (i.e. all the claims) be deemed invalid?"

Sure, if there is only one claim in the patent. 

[bleedingpen]

If one claim in a patent is deemed invalid, would the entire patent (i.e. all the claims) be deemed invalid?

What's the context and what caused the determination of invalidity?

Litigating and failed (in U.S.) to give best mode, or failed to sufficiently enable the claimed invention?  All claims/patent is invalid.  Same in EU, if the spec fails to teach the invention with sufficient clarity for the skilled man to practice the claimed subject matter.  Inequitable conduct will also kill all the claims in the patent although you asked about invalidity so I'm drifting already.  Hey, it's been a tough weekend.

What if arguably there are 2 inventive concepts in your application and claims 1-10 are directed to concept #1 and claims 11-20 are directed towards concept #2.  If concept #1 is enabled but not concept #2, I don't think it is going to knock all of the claims out. 

[IPTaraus]

"If one claim in a patent is deemed invalid, would the entire patent (i.e. all the claims) be deemed invalid?"

Sure, if there is only one claim in the patent. 

  Looks like a judge needs to rule on if ‘all the claims’ includes ‘only one claim’.   

[horsechute]

In Horsechute's corner of the universe, as is in Numptyland, all things are possible.