thanks for reading this post.
I listed a product online to sell. But my competitor claimed that I infringed his design patent. I looked at the patent and it looks exactly like the product I am selling. So I removed my listing as I do not want to infringe anyone's right. None of my product is sold.
However, a question occurred when I did some research.
My competitor has been selling the product for years before he filed and issued the patent. I read somewhere that a product that has been disclosed to public (in my case, selling on Amazon) for more than a year cannot be patented - statutory bar date?
If what I read was correct, how could he have gotten the patent?
If the patent examiner did not catch this and issued the patent by mistake, is there any way to revoke the patent and allow everyone to use the design?
The product design in question is a common design that many sellers are currently selling on Amazon and I am puzzled as to why the other folks can sell the same design when my product is claimed against.
Here are some facts: Competitor Patent issued : Feb 25, 2020
Competitor Patent filed : July 24, 2018
Competitor Selling the Product : Since 2016
My Listing Created: Jan 27, 2020
Pattent #: D876.127S
Thank you in advance for your advice.