RMS once pointed out that prior art is more effective if it doesn't surface until a court case: http://www.linux.com/archive/feed/57167 http://www.linux.com/arc

RMS once pointed out that prior art is more effective if it doesn't surface until a court case: http://www.linux.com/archive/feed/57167 http://www.linux.com/archive/feed/57167 Basically, if a examiner knew about the other work but granted the patent anyway, the court must presume the examiner was competent and the patent is valid, and therefore that the other work isn't relevant prior art. But if potential prior art wasn't known to the examiner, the court has to actually evaluate it. Judges don't share patent examiners' quota-driven incentive to rubber-stamp everything under threat of their jobs.