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[macd]

OK, I've currently got a method that I believe is superior to the current one.
there are no prior patents specifically for this field.
the prior art is currently listed on some websites.
The main question is how do i prove what the art is at the time of patenting, or even of writing the patent?

[Jonathan]

Well, you are not required to go out and find prior art that may speak on the patentability of your invention or even comment on prior art you know of, if you file a utility patent application not utilizing an expedited examination option.

In a similar vein, you are not required to prove what the prior art is when you file a US patent application.

Perhaps a more pertinent question is whether you ought to do a prior art search. It never hurts but I think an Examiner will always un-earth things you or your searcher failed to find.

This is just one viewpoint, of course. Others will chyme in soon enough if they think it is necessary to do so.

[JimIvey]

The only thing I'd add to Jonathan's reply is that you're required to submit the web sites of which you're aware in an IDS.

Jonathan's right that the burden is on the Office to prove anticipation or obviousness.  However, if you have reason to believe their burden would be relatively easily met, then you might opt not to file for a patent.

Regards.

[Lightning50]

In the case of a website, you need to print a copy of the relavent web pages as of the filing date and submit those printouts via an IDS. It is not sufficient to record the relavent URLs since the contents can easily change after that.

[JimIvey]

Yes, just to add my concurrence and to go a bit further, you are required to submit a copy of the cited material (e.g., web pages in this case) unless the cited material is a US Patent or a US Patent Application Publication (the Patent Office has access to US patent publications).

And, my preference is to print to PDF -- so you can submit the page(s) using EFS-web, avoid photocopies and scanning, and I prefer paperless files as much as possible.

Regards.

[Jonathan]

Also, in case you did't print the webpage in question by the filing date, the USPTO appears to accept output from the Wayback Machine as accurate evidence of what that webpage looked like at the selected archive date.

http://www.archive.org/index.php