if you file a patent, and someone else invents the same thing before the patent is issued, seems to me that should be prima facie evidence that the idea was obv

if you file a patent, and someone else invents the same thing before the patent is issued, seems to me that should be prima facie evidence that the idea was obvious -- since at least in the U. S., patent applications are not published. Utopian dreaming aside, I've studied the patent a little, and it looks like Kickstarter has a problem.