Patent and Invention Help Forum

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Topic Summary

Posted by: Brad
« on: June 22, 2017, 05:42:12 AM »

You can try to challenge their patent in something called Post Grant proceeding:
https://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/post-grant-review

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.


Posted by: JANUARY
« 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 ?