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- avoid the possibility of a future patent 5 answers
A company has patentable inventions it is concerned about getting locked out of.
They don’t want to file patents, necessarily, but they do want to create some good strong prior art that a) they can rely upon in case someone else down the line tries to patent the inventions and come after them; and b) is likely to be easily found by the examiner if someone files an application on the invention after their publication.
The assumption is that these inventions are likely to end up in standards at some point in the future, but the Company wants to make record of the prior art before the standards process starts.
The new procedures the USPTO adopted re: third party submission of prior art are on a per-patent-pending basis, which is a more overhead than makes sense in their industry.
Any other good way to ensure prior art will show up in an examiner's search other than filing for a patent?