0
  1. What percentage of utility patent applications are rejected because the examiner was able to find prior art that the attorney did not find because the application for the prior art was not published because it was filed within 18 months of the rejected, later filed application?

  2. What percentage of utility patents that are granted turned out to be for an invention that had an earlier filed application, hence rendering the granted, later application valueless?

If these percentages are trivially small, can you point to any specific examples that you know?

3
  • 1
    Chances probably vary wildly by field. I have 99 issued patents worldwide and it never happened to me. But in semiconductors or drugs it might be more of an issue.
    – Eric S
    Aug 31, 2022 at 3:22
  • 1
    Examiners specialize in narrow scopes of technology, often more so than practitioners or professional searchers. In their area they often can find things that a searcher (it’s usually a subcontractor searcher, not the attorneys doing the search.) didn’t find. Nothing to do with the 18 month delay but new art often comes up in prosecution.
    – George White
    Aug 31, 2022 at 4:01
  • 1
    Famous cases of inventions close in time include the telephone and aspects of sewing machines. Look up en.m.wikipedia.org/wiki/Multiple_discovery
    – George White
    Aug 31, 2022 at 4:05

0

You must log in to answer this question.