HACKER Q&A
📣 notlukesky

How to Easily Invalidate Patent


What is the easiest way to invalidate a patent that was filed in May 2020 and granted in September 2020. There is public prior art from 2015 on Youtube, Apple App Store images and paying customers. Is there a quick and easy way to invalidate the patent without a lawyer and just showing the prior art and if necessary customer testimonials.


  👤 eternalban Accepted Answer ✓
"Ex Parte Reexamination

At any time during a patent’s enforcement period, a third-party may file for Ex Parte Reexamination. They may do so anonymously. The petitioner must provide prior art to show a substantial and new question of patentability that was not previously considered in reviews of the patent. This standard is intended to prevent third-parties from raising frivolous challenges to patents.

Reexamination is significantly different than Post-Grant Review and Inter Partes Review, because the proceeding is only between the patent owner and the USPTO. The petitioner usually does not play a role other than the initial filing. The review is conducted by a special panel of examiners called the Central Reexamination Unit (CRU) and usually takes two years. A patent owner may appeal a decision by the CRU to the PTAB and then the U.S. Court of Appeals. Ex Parte Reexamination might be attractive to third-parties that have strong prior art to challenge a patent and want to remain anonymous. It is also relatively cheap for the petitioner because they are not involved in the proceedings."

https://entrepreneurship.law.umich.edu/challenging-patent-va...


👤 JPLeRouzic
> invalidate the patent without a lawyer

IMO today the patent system favors companies with deep pockets, because they can financially strangle competitors with less resources.

In addition existing prior art does not mean much as the US law favors the first to file, not the first to invent [0].

I think an easier exercise would be to invent an alternative mechanism and to patent it, and be ready to be taken to court by competitors.

[0] https://www.justia.com/intellectual-property/patents/first-t...


👤 speedgoose
I don’t have software patents in my juridiction so excuse my simple question, but can’t you simply ignore this patent as it is obviously not valid?