4 ms·
This already exists.
by nceqs3 4y ago
This already exists.
- nix0n 4y agoHow does one challenge a patent?
- btrettel 4y agoHow to challenge a patent application that hasn't been granted yet based on prior art: https://www.uspto.gov/patents/initiatives/third-party-preissuance-submissions https://www.uspto.gov/patents/initiatives/third-party-preiss... Note that I'm not aware of any way to challenge an application on non-prior-art grounds like 101, 112, etc. But I imagine emailing the examiner assigned to the application would work. Unfortunately examiners aren't assigned until a few weeks to a few months before examination, so a challenger will need to periodically check the status of the application before contacting the examiner. You can look up the examiner's phone number here: https://portal.uspto.gov/EmployeeSearch/ https://portal.uspto.gov/EmployeeSearch/ Email addresses are typically firstname.lastname@uspto.gov.
- amelius 4y agoThis is something else. Here, not the patent itself is challenged, but the work of the patent officer is made easier because prior art is supplied. What I propose is that anyone can submit solutions to the original problem stated in the patent, without yet knowing the solution proposed in the patent. This allows us to demonstrate that the solution is trivial to those who are skilled in the art.
- btrettel 4y agoUnfortunately the US doesn't work on that legal standard, though I think that's a nice approach. In practice, almost no third parties submit prior art, which is a lot simpler than submitting solutions. So I doubt people will submit any significant amount of solutions.
- amelius 4y agoIf there was a forum like HN where every post was a patent-problem, I would be happy to participate in the discussions about possible solutions, on a daily basis.
- btrettel 4y agoUntil the legal standards change, look into submitting prior art. The examiner and public will appreciate it.
- nceqs3 4y agoThis isn't copyright law where independent authorship/creation is a defense. The US is a first to file nation, which it shares with nearly every other major country in the world.
- johnny_b_g 4y ago>How does one challenge a patent? With massive amounts of money, since the PTO has made it impossible for the system to actually be fair.