Reexamination

Reexamination

Sometimes a patent is obvious but was granted.  The USPTO grants many patents are are invalid, obvious or otherwise ridiculously funny. 

For example, the USPTO granted a patent on swinging sideways on a swing to a 5 year old applicant.  http://www.google.com/patents/US6368227

This seems somewhat obvious as swings are probably neolithic, and prior art such as Tarzan could teach such a technique.  What if your competitor has a patent on swinging sideways?  Should you and all other five-year-old children stop swinging sideways on the playground? 

Fortunately, re-examination is available for anyone during the period of enforceability of the patent.
https://www.uspto.gov/web/offices/pac/mpep/s2209.html

The filing fee is $3000 for a streamlined re-examination request, and $6000 for a regular re-examination request.   One benefit of the re-examination request is that it can filed anonymously.  Although, many five-year-old kids don't have $3000 to file re-examination requests, if your factory is making products commercially, the cost is much lower than for federal court.