How to Challenge a U.S. Patent Application
There are times when problems do arise with a U.S. patent. This happens when an inventor questions another inventor's application a new product infringes on an existing product. While it is possible to challenge another inventor, this process is not easy. There are some specific ways to go about fighting for your rights concerning the technologies and brilliant concepts you have created.
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Instructions
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Familiarize yourself with the U.S. Patent Office's policies and procedures on how it re-examines a patent if it is challenged. This will give you insights into whether this process might work for you instead of the legal system. The U.S. Patent Office has a helpful manual online that can explain all of its procedures (see Resources below).
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Select the option of going to court to challenge a U.S. patent application. This step includes showing why the patented process was not unique and why that product and inventor should not have been granted a patent.
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Focus your legal battle on why the patent examiner at the U.S. Patent and Trademark Office. You could argue that he did not pay attention to all the specifics that would illustrate why the invention should not warrant a patent. This is usually done by other inventors who feel that their products are being infringed upon.
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Implement a request with the U.S. Patent office to have them re-examine the patent application that you want to challenge in terms of new art or products that have recently surfaced. This will be a more cost-effective way of questioning aspects of another patent that may be infringing on your own ideas.
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Develop your reasoning as to why you believe the U.S. patent application should be challenged, based on infringement or its lack of unique qualities. This will be central to your argument in both a court case or in the re-examination process conducted by the U.S. Patent Office.
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Tips & Warnings
Consider using the U.S. Patent Office's re-examination process to challenge a U.S. patent. This procedure takes place outside of the court system, saving time and money.
Take time to develop and illustrate all the substantial reasons why the U.S. patent application should be challenged. The details are what will convince the court system or the U.S. Patent Office that you are in the right.
If you decide to file a lawsuit, it may end up costing you hundreds of thousands of dollars. Challenging a U.S. patent in the legal system can be an expensive option.
Do not initiate a challenge of a U.S. Patent unless you feel completely sure that you are right. Otherwise, your cause will waste a lot of effort and resources, and it may even strengthen the position of the U.S. patent you are calling into question.
