Jim Isbell, W5JAI wrote:
Have it as you will, but the law was changed a few
years ago, and I
noticed it because I have several "prior art" claims I could make.
When I saw it I realized that it was no longer a defense to say "I
meant to apply, but just dint get around to it, and here is the
documentation to prove I thought of it first." So I threw out all my
notebooks. Well most of them anyway.
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2128.htm
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2129.htm
http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2202.htm#sect22
02
All these suggest you can say "here is some prior art" and have it
entered
into the published patent. This doesn't immediately invalidate it (you
still presumably need a court case for that!) but it is free!
Antonio