Patent Prior Art
Comments discuss prior art's role in invalidating patents, challenges in patent examination discovering existing prior art, and debates on first-to-file vs. first-to-invent systems.
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If he's angling for a patent, I have prior art.
How can you patent if there is open prior art?
You could still claim prior art if you used or published the idea before they patented it. The difference between "first to invent" and "first to file" basically only comes up when someone invents an idea but keeps it private, which can be difficult to prove anyway. (IANAL, TINLA.)
Won't these be invalidated by having prior art already in public domain?
Find a piece of prior art that invalidates their patents claims.
I'm sure there's plenty of prior art--but the PTO wouldn't know that.
Why wasn't the prior art discovered when the patent was granted?
How is it patentable if the "prior art" exists?
Can we get a patent on prior art itself?
I'd replace "can't" with "shouldn't be able to, but don't count on it". Every week there is a new case involving patents with obvious prior art getting through. As America has switched to a first-to-file system (as of the America Invents Act), you'll also have to prove that you invented it first. This presumably is easier with a website front-end, but possibly less so with back-end technologies.