> > I thought that to obtain or uphold a patent, one had only to prove that > their idea was not common knowledge and was not in common usage at the > time of the patent application. I didn't think that it mattered if there > was prior artwork which was only known to a few people. If this were the > case, most patents could be contested because most inventions are > "re-invented" by several people and only one or a few ultimately decice to > pursue it and get a patent. > Patents are only invented once and therefore any prior art forever precludes a patent issue. The "reinvention" that you mention is really a combinatorial patent (virtually all patents fall under this) that combines SOME of the claims of multiple patents. If it performed all of the claims, it would be infringing. A patent also has to fall into a statutory class and be useful. Tom