Patent Invalidation: In the case that a patent infringement case be brought to the courts, the defendant and his/her patent attorneys have several options present to consider in rendering that the use of the patenting product or invention was not done under infringement provisions, and in turn, did not violate any patent infringement laws. One of the most commonly sought and applied defenses are patent invalidation.

Trademark Invalidation: If a party determines that a registered trademark infringes on his or legal trademark rights he or she may file a request for invalidation of the trademark in question. Invalidation requests must be filed within five years of the trademark's original registration date. Unlike requests for opposition, only interested parties may file requests for invalidation.