typically takes an actual lawsuit resulting from
the holder demanding royalties to do it. The patent
system is pretty badly broken.
Although rarely used, there is a procedure by which anyone can
ask that a US patent be "re-examined" this procedure is documented at:
http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2208.htm#sect22
09
This part of the Manual for Patent Examiners says, in part:
"The reexamination statute and rules permit any person to file a request
for reexamination containing certain elements and the fee required under
37 CFR 1.20(c). The Office initially determines if "a substantial new
question of patentability" ( 35 U.S.C. 303(a)) is presented. If such a
new question has been presented, reexamination will be ordered. The
reexamination proceedings which follow the order for reexamination are
very similar to regular examination procedures in patent applications;
however, there are notable differences. For example, there are certain
limitations as to the kind of rejections which may be made, special
reexamination forms to be used, and time periods set to provide "special
dispatch." When the reexamination proceedings are terminated, a
certificate is issued which indicates the status of all claims following
the reexamination."
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