[spc476]

I would think that a second patent application would invalidate an existing patent application, as that proves the invention in question isn't novel enough (two or more people skilled in the arts came up with the same idea).

[ComputerGuru]

How does that work? I submit a patent, my neighbor copies my work and submits a patent, mine is automatically invalidated?

[monochromatic]

You would think that based on what? Nothing?

[spc476]

Well, the theory behind a patent is an invention that is not obvious to one skilled in the art. As an example, if Alice designed an improved engine and is the only one to patent the design, it wasn't obvious to other practitioners of the art of engine design. But if Alice and Bob both submit patents for the same engine design, and Alice and Bob are independent of each other, then the design wasn't that unique.

I don't know ... it was just a thought.

[tzs]

> Well, the theory behind a patent is an invention that is not obvious to one skilled in the art.

The requirement is that it not be obvious to one having ordinary skill in the art.