Q: So lets say a patent “slips through the cracks†and now I’m being sued. It covers my product because it is so broad, but I don’t think the patent ever should have been issued in the first place. Am I just out of luck?
A: No, there are a number of options to fight a patent that you think shouldn’t have been issued. One route is at the U.S. Patent & Trademark Office (USPTO), the agency that handles the issuing of patents. A third party can file what is called a re-examination to challenge the patent. Without providing too many boring specifics, you generally present the USPTO with evidence showing that at the time of the invention, the invention was not new, or that it was obvious to one skilled in the art. If the USPTO accepts your petition for re-examination, it is possible that the patent can be invalidated (essentially thrown out), or that the inventor may have to narrow the scope of the patent so it covers less. It is also possible that a lawsuit may be “stayed†(i.e., paused) during the re-examination. While more expensive, you can also file counterclaims in the lawsuit that the patent is invalid based on the same evidence.
). They could come after me for infringement, but it wouldn't make much sense to spend all that time & money going after me. At most, I could see them telling me to remove any info/ pictures from a how to thread, on the DIY forum for example, but they really wouldn't have much interest in really going after me, would they?
). And kidding aside, there is always an exception, think about those people who got sued for downloading one or two songs from Napster. There is an example where the big company went after individuals. (True this is another area of intellectual property, copyright, but there are commonalities between the two areas).
