I am not sure I completely understand your question, so I will try to rephrase it so that I can answer it. It would appear that you are asking whether there are any prior art considerations or analysis that takes place at the Patent Office before a patent application is published? The answer to that question is no. US patent applications are published automatically (approximately 18 month after filing date), unless a specific "non-publication request" is filed with the original application. There is no review on the merits of whether the subject matter disclosed and claimed in any particular patent application is "patentable" before it is published. It is just published for whatever it discloses. Such a published patent application becomes prior art to any other patent applications that follow its filing date. So to answer your last question, yes, a patent application can be published even if there is a similar patent already issued. That issued patent may prevent your patent application from issuing if it is in fact relevant prior art and is considered by the examiner. But, it has no relevance on whether your pending application gets published or not.
Answered on May 12th, 2015 at 12:14 AM