this post was submitted on 04 Dec 2023
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You're not supposed to. That doesn't mean it doesn't happen.
Nobody wants to spend the court costs to get a patent troll stripped of their bad patent. And for a patent troll you're going to need a lawyer, they're going to fight tooth and nail to keep it since that's their source of income.
Once again, this is not true. They do what is called a prior art search as part of issuing a patent. They look worldwide for anything that could be considered your invention before your filing date before issuing a patent. Even after a patent is issued, if prior art is presented to the patent office they can rescind the patent. It’s a form and like $100. You don’t need a lawyer to bring prior art to the patent office’s attention. The legal battle will be between the patent office and the patent troll if they are trying to contest the prior art.