Q: Teff was not "invented" by Jans Roosjen - is there a way to flight this patent?

A: I am not familiar with the patent that you are concerned about but I can give you a generic answers.

A patent that was issued without an adequate examination of all the relevant prior art can be reexamined if someone submits the documentation and the filing fee for a reexamination request. There are two types, but for this answer assume that you are filing a Ex Parte Reexamination. If the Patent Examiner reviews the submission and determines that a substantial new question of patentability exists, the patent is placed into reexamination. Once in reexamination the claims may be rejected, narrowed, or affirmed.

Requesting reexamination is not an easy task and I strongly suggest you find a patent attorney with the right technical skills to help you. You can pick a patent attorney from any state as this is a federal issue, not a state issue.

For a taste of the process see the rules starting at Section 2209 of the MPEP. https://www.uspto.gov/web/offices/pac/mpep/s2209.html

I hope this helps.

Kevin E Flynn

A: Note -- if you are concerned about a recently published patent application that has not yet been issued, then your option may be to submit prior art to the USPTO to help them reject the claims.

See https://www.law.cornell.edu/cfr/text/37/1.290

You need to act quickly as there is a limited period for submitting prior art. You may want to conduct a prior art search to help get the most comprehensive set of prior art to submit.

You should seek assistance from a patent attorney to get advice on the pros and cons of this option.

I hope this helps.

Kevin E Flynn