i don't know the specifics of what rubbermaid's position would be.here are efforts by people, once the product is released, or they were about -- learn about it, to try to do a work around. is the subsequent invention is sufficiently different from the filed application that both are entitled to protection? the examiner, if yours was patented first, with a padded and they might attract -- object , saying there is not sufficientl originality to the second one. there is a cost, of course, to prosecuting patents. in many cases, small inventors look to larger companies to sell or license goods in hopes that they can carry some of the legal costs. the other point he says, why doesn't the government do this -- the idea of the government would be able to do it, it is one way, but it is more efficient that someone who has an economic interest in the patent rather than have the government make these cases, because in some cases be patent examiner may have failed, made a mistake, failed to notice prior art that would have invalidated the earlier patent. by and