I am a PhD student and recently found that a patent exists with significant overlap to my work. I.e. my situation is roughly similar to that described in
except that I unfortunately did not publish my findings before the concurrent patent was filed. I am not much worried about conflicts with my research - as far as I know, research and teaching are not affected by patent law. My worry is that the patent could block various applications. In typical patent manner it claims a very wide range of applications.
More than one year before the patent was filed I mentioned the idea in talks, but none of them was video recorded. It was also discussed in various personal communication. As far as I heard about patent law, this can already qualify as sufficient publication to prevent protection by a patent. The principle is shown in my talk slides and I routinely host my slides at a cloud hoster, so it may be possible to get an external confirmation that the slides existed in this form on the date of each talk respectively. One talk was at a conference. One talk was at my institute, but was open publicly in principle, without explicit public invitation though. Listeners were not required to file non-disclosure agreements.
My question: Can this be used to invalidate or weaken the patent? What would be the process to achieve this? Yes, I know I have to talk to a lawyer, but I would prefer to know as much as possible about the process and my options beforehand. The patent is just entering review phase; it is publicly observable for almost six months now. Is there a deadline to consider for taking action?
Note: This question is out-sourced from https://academia.stackexchange.com/questions/124649/issues-with-a-patent-overlapping-my-work in the hope that it can stand here as on-topic.
I'd like to add an aspect to this question:
Can I run into (legal) issues if I simply cite my own talks? Citing a talk is less preferable in general, but it is possible. I have even seen personal communication cited in paper references. I could provocatively cite my talks, yielding a date prior to the patent. Probably the patent authors would not care, but at least it would be a statement. It could be the basic claim of prior art.