Jim Isbell, W5JAI wrote:
"Prior Art" has no standing anymore. Its
now, who gets there first
with the patent. Been that way for about 5 years now (maybe longer)
when they changed the law.
I don't believe that's correct even in the US. I think the USPO will
only search the database of existing patents for prior art (along with
one or two other places). You can still invalidate a patent by showing
prior art (e.g. sales literature, technical manuals etc.) just as you
can invalidate it by showing that the idea would have been "obvious
to one skilled in the art". It's just that both of those options
are expensive even if you win and often a company targetted by a
lawsuit will pay licencing fees just because it is cheaper to do so.
Antonio