Prior art

Concept in patent law

Template:Patent law

Prior art refers to any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. It is enough that someone, somewhere, at some time previously described or showed or made something that contains a use of technology that is very similar to your invention.

Definition

In the context of patent law, prior art is any evidence that an invention is already known. If an invention has been described in prior art, a patent on that invention is not valid. Prior art can include any previous patents, publications, products, or public demonstrations that are similar to the invention in question.

Sources of Prior Art

Prior art can come from a variety of sources, including:

• Patents: Existing patents are a primary source of prior art. Patent databases are often searched to determine if an invention has already been patented.
• Scientific literature: Articles, papers, and other publications in scientific journals can serve as prior art.
• Technical reports: Reports from research institutions or companies can be considered prior art.
• Public demonstrations: If an invention has been publicly demonstrated, it may be considered prior art.
• Products: Existing products on the market that embody the invention can be prior art.

Importance in Patent Examination

During the patent examination process, patent examiners search for prior art to determine if an invention is novel and non-obvious. The presence of prior art can prevent a patent from being granted if it shows that the invention is not new or is obvious to someone skilled in the field.

Legal Implications

The existence of prior art can have significant legal implications for patent holders and applicants. If prior art is discovered after a patent is granted, it can be used to challenge the validity of the patent in court. This is often a key issue in patent litigation.

Strategies for Handling Prior Art

Inventors and companies often conduct thorough prior art searches before filing a patent application to assess the likelihood of obtaining a patent. Strategies include:

• Conducting comprehensive searches in patent databases and scientific literature.
• Consulting with patent attorneys or agents to evaluate the relevance of prior art.
• Modifying the invention to distinguish it from known prior art.

Also see

• Patentability
• Novelty (patent)
• Non-obviousness
• Patent infringement
• Patent search

References

• WIPO - Frequently Asked Questions: Patents
• USPTO - Types of Prior Art