breaking a patent
breaking a patent. The act of demonstrating that a patent is invalid or unenforceable because it was used unlawfully by the patentee (esp. in violation of antitrust laws), or improperly issued by the U.S. Patent and Trademark Office because of fraud, the existence of prior art, or any other barrier to proper issuance. • Defendants in patent-infringement actions may overcome the infringement allegations by showing that the patent should not have been allowed in the first place (so it is invalid), or that the patentee has misused the patent (so the patent is unenforceable). [Cases: Patents 97. C.J.S. Patents §§ 135–138, 145, 178.]
