3 ms·

Now that patents are first to file, couldn't someone patent the doors based off reverse engineering a tesla and then sue tesla for infringement?

• cmbailey 8y ago
  That patent could easily be defeated by showing the older Tesla designs as proof of "prior art". This could happen i) easily after the application is published through an internal submission to the examiner, ii) fairly easily after grant through an "Inter Partes Review"[0], and iii) then still at any time in the future through litigation in the courts. These submissions could be made by Tesla, or any third party who cares about the illegitimate patent not being in effect. If anyone, at any time, demonstrates that prior art existed before the date of the patent application, that patent can be permanently invalidated. This happens frequently, and is often used by victims of patent trolls to defend themselves. With the side benefit of "punishing" the patent troll. [0] https://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/inter-partes-review https://www.uspto.gov/patents-application-process/appealing-...