Patent and Invention Help Forum

Patent Prior art


Patent Prior art
« on: June 22, 2017, 12:36:33 AM »
Can a granted patent be cancelled if prior art was not discovered ?
Let's say I have been selling a new widget for some years and someone
else patents the same widget.
Can the original maker of the widget shout out or would it be too late ?
« Last Edit: June 22, 2017, 05:40:08 AM by Brad »


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Re: Patent Prior art
« Reply #1 on: June 22, 2017, 05:42:12 AM »
You can try to challenge their patent in something called Post Grant proceeding:

You may also be able to prove that you invented and were selling the product before they filed their patent which may cause their patent to be invalidated.

My free patent template:

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