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> I would assume they would Lose due to prior art if it were ever challenged.

Only if challenged within 6 months after the patent application was published: https://en.wikipedia.org/wiki/Leahy-Smith_America_Invents_Ac...




Not a Lawyer, but I'm pretty sure the 6 months timeline for third party submission of prior art applies directly to the patent. In other words the patent office will directly revoke the patent if it is notified of prior art before 6 months. The court system could still be used to determine that prior art invalidates a patent. Kindof a shitty rule, but the patent office doesn't have the resources to be overseeing every patent dispute -- it is essentially for the courts to decide. Speaking of which. Is there a crowd sourcing site for "here are the patents that have recently been approved -- what is prior art?" to help reign in patent craziness?


Could any person notice the USPTO of prior art on those patent? Perhaps it is that simple?


From that article, I get the impression that the 6-month limit only applies to direct submission of prior art to the Patent Office. Patents can still be invalidated by prior art in court.




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