Prior Art is not just previous public information . Prior Art is the event of a person introducing a working process or product via an identifiable venue before anyone else . Within the context of your question IF the the developer of the process or product does NOT have a patent or patent pending then there is the potential for an infringement lawsuit by the developer against the thereafter patent applicant and by the patent applicant against the developer of the process or product who has prior art . Those types of Court cases get downright nasty and they drag on for years .
Now , within the context of my written post a person(s) who applies for a patent and THEN introduces the working process(es) or product has ALL rights and entitlements to that working process or product because the applicant has the patent application and has also established PRIOR ART . EXPO HOLDINGS has applied for the patent and Copyright FIRST and then the company will establish PRIOR ART with a finished productline .
Should any OTHER person or company produce the process or product AFTER the established patent pending application and the established PRIOR ART then a patent infringement lawsuit is winnable by the originator . Those types of Court cases typically get resolved quicker because the alleged infringer knows he / she will lose at much greater liability costs plus exorbitant legal expenses , so a settlement with a licencing agreement usually occur to make everyone happy :-D
Permit me to use the example of the person who patented a process ( I can't remember what it was ) but Research In Motion brought the process to market . Even though the patent holder did not have PRIOR ART he was still able to win about $850 million smackerooskees in an infringement suit against RIMM . Had the patent holder actually had PRIOR ART of a working process I surmise he could have won treble damages against RIMM . RIMM settled because of the cross border Court enjoinment . Remember the panic of the multitudes at not being able to use their holy grail Blackberry ?
Perish the thought that I would ever misuse a term . I write with confidence on matters that I have studied ( like patent law ) and I write with conjecture on other matters when I am not adequately apprised .
For patent and Intellectual Property information I use the linked site to increase my knowledge . It is excellent !
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