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Correct me if I'm wrong, but I think the US patent office doesn't check for prior art (that was one of the cut backs several years ago) so instead prior art is now something that has to be challenged in court.



Or challenged before the patent is issued. The USPTO encourages this; fees for notifying them of prior art are much lower before issuance.


Wait a fee is imposed? I get why I think but if your posting of prior art proves to be true then you should have your fee refunded.


I'd have to check but if I remember right, before issuance there's no fee for less than 20 items of prior art, and just a flat $200 fee for more. After issuance I think the fee is $35,000.


so you have to pay them $35,000 to show a patent they issued is bullshit.

Outrageous.


You are wrong, but code repositories aren't checked because that is a needle in a haystack situation.


[flagged]


> That is completely wrong.

That maybe true but without any more detail your comment is still unhelpful.


All right. The patent office does search for prior art.


Fair enough. When the Apple / Samsung countersues were all happening I thought I read on one news site that the US patent office had stopped checking for prior art. Which certainly did seem to be the case at that time too. But I cannot find that original article yet now finding other sources that agree with your statement so it seems they do check.

Thank you for the correction :)




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