You'd have to prove that you did formulate it independently yourself. There couldn't be other prior art. If your own inventor's journal revealed a large amount of work, that would show the original patent was indeed valid. If you could prove that you did invent it yourself, and that it wasn't that big a deal, the patent should fall.
So to win in your case, you'd have to tread a tightrope between "not enough evidence to show independent origin" and "the thing is obviously substantive enough to warrant a patent."
Most likely, the thing actually is obvious and there would be other prior art, which the Patent Office currently doesn't pay attention to.
So to win in your case, you'd have to tread a tightrope between "not enough evidence to show independent origin" and "the thing is obviously substantive enough to warrant a patent."
Most likely, the thing actually is obvious and there would be other prior art, which the Patent Office currently doesn't pay attention to.