3 ms·

So you can defeat a patent by claiming you invented it independently later? ... how would that work?

• stcredzero 15y ago
  You'd have to prove that you did formulate it independently yourself. There couldn't be other prior art. If your own inventor's journal revealed a large amount of work, that would show the original patent was indeed valid. If you could prove that you did invent it yourself, and that it wasn't that big a deal, the patent should fall. So to win in your case, you'd have to tread a tightrope between "not enough evidence to show independent origin" and "the thing is obviously substantive enough to warrant a patent." Most likely, the thing actually is obvious and there would be other prior art, which the Patent Office currently doesn't pay attention to.