Questions

What is the best strategy I can use to deal with patent trolls or wrongfully granted patents?

I have a start-up company, and I was looking for patented technology in our area. There are quite a few patents that have been granted, but have been approved by lawyers that do not understand the field and most the patents rely on published work that the lawyers missed. I have been working for 20 years in this area, and most of the patents that have been issued should have not be. I have a couple of questions: 1) If I have information that a patent that has been issued clearly relies on prior work that has been missed. What should I do to invalidate the patent? 2) If a patent troll threaten us with patent infringement, can I organize a crowd sourcing scheme to put all the community to invalidate all their patents (which are likely to rely on prior work). That is, I will create a website and link all the patents that the patent troll owns, and distribute in my scientific community for people to comment on each of the claims to search for prior work. Can I get sue for organizing a large scale invalidation of all the patents that the patent troll owns? Thanks.

1answers

Hi. I am not a lawyer in the US so I cannot offer you a legal answer her, BUT try approaching the EFF as their Staff Attorney Daniel Nazer is "Mark Cuban Chair to Eliminate Stupid Patents.
See here:
https://www.eff.org/press/releases/staff-attorney-daniel-nazer-becomes-new-mark-cuban-chair-eliminate-stupid-patents.
Good luck


Answered 5 years ago

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