Let's suppose that an invention is already being manufactured and sold, but there is never any patent for it.

Now someone files a patent for this invention.

How would the patent examiner be able to discover this invention, in theory?

In practice, if this manufactured product is not commonly known about, there is no reason for the patent examiner to be able to discover it?

1 Answer 1


In theory they can search anywhere for it.

In practice they can search many databases including using google, they can look in the wayback machine, online catalogues of products, patent applications, etc.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .