I have 16 years of prior art that would fully invalidate a patent granted in 2019. The patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I have had a working and well-publicized application since 2003. (I have a prior-art-to-claims comparison.) From the point of view of remuneration or compensation, how should I proceed?
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Is there a reason you aren't linking to the Apple patent?– Eric SCommented Aug 7, 2019 at 14:33
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1Do you own a patent for this technology? Did you carefully read the claims to make sure the things they claimed are the things you published? Did you pay Apple a royalty for using their claimed patent?– PatentlyCommented Aug 7, 2019 at 16:20
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1There is no compensation for having prior art. You can invalidate the patent which will cost you money. And that's about it.– user18033Commented Aug 7, 2019 at 16:59
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1So your information was "well-publicized application since 2003" but Microsoft can't find out about it unless they pay you for the information? Have you read the history or the case on Public PAIR and looked up all of the thirty one references that the examiner had to look at during the examination?– George White ♦Commented Aug 7, 2019 at 18:30
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1You've disclose the Apple patent. Great, I added a link to your question. Now you should tell us your product which you believe is prior art. Since it is public, this should be no problem at all. Only then would we be able to assess if it is indeed prior art the Apple patent.– Eric SCommented Aug 7, 2019 at 22:47
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1 Answer
I worked for the patent office for a little while in a TC that does some software and non transitory medium patent applications. I would take a look at the MPEP (Manual of Patent Examining Procedure) on the USPTO website if you haven't already. I doubt they would overturn a granted patent or even review it except for very peculiar circumstances.
If you are looking for compensation, a lawsuit would be your only recourse if you already have a patent on the technology to want to try and invalidate their patent. But if you don't have a patent on it why would it matter to you? The recourse for the patent office's mistakes is the court system. But lawsuits are expensive and it wouldn't affect you much unless it encroaches your own patent portfolio. If Microsoft wants to take it to court and invalidate the apple patent that is their decision.
https://www.uspto.gov/web/offices/pac/mpep/index.html
Edit: As @George White states there is an Inter Partes review which may be what you are looking for. But again, everything costs money at the patent office and if you don't have skin in the game it may not be worth it.
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Sorry, I misclicked on the downvote and it was locked in unless the answer was edited, so I changed a space to be able to undo the downvote– user18033Commented Aug 7, 2019 at 21:05
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1Don't worry about it. I'm excited to finally find a forum on stack where I actually know the answer to some questions.– evanCommented Aug 7, 2019 at 21:10
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Since the AIA we have Interparte Review. IPR an expensive but much less expensive way to get a patent invalidated than a court case. The answers says MS could take Apple to court, but unless Apple threatens MS with the patent, a regular article III court would not be available to MS. The information in this answer is a little off.– George White ♦Commented Aug 7, 2019 at 22:32
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1Inter Parte review won't be valid for a little while, per "(1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review." However, you are correct, I am sorry I missed that. I will update.– evanCommented Aug 8, 2019 at 14:01