Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: JANUARY on June 22, 2017, 12:36:33 AM

Title: Patent Prior art
Post 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 ?
Title: Re: Patent Prior art
Post 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.