In patent law, “prior art” refers to any information that has been made available to the public before a given date that might be relevant to a patent’s claims of originality. This information can come in various forms, including:
1. Existing Patents: Previously granted patents that describe similar inventions or technologies.
2. Published Patent Applications: Patent applications that have been published but not yet granted as patents. These are typically available to the public after an 18-month period from the filing date.
3. Academic Papers and Journal Articles: Published research papers or articles that disclose relevant inventions or technologies.
4. Product Descriptions: Descriptions of products or technologies that have been made available to the public, whether through sales, marketing materials, or other means.
5. **Public Demonstrations:** Public demonstrations or exhibitions of inventions or technologies.
6. Oral Disclosures: Verbal disclosures or presentations of inventions or technologies made in public settings, such as conferences or lectures.
The purpose of considering prior art in patent law is to determine whether an invention meets the criteria for patentability, particularly novelty and non-obviousness. To be granted a patent, an invention must be new and not obvious to someone skilled in the relevant field. If the invention is already known or obvious in light of the prior art, it may not qualify for patent protection.
Patent examiners and courts use prior art to evaluate the novelty and non-obviousness of a patent application’s claims. They search for relevant prior art to determine whether the invention is truly innovative and deserving of patent protection. If the invention is found to lack novelty or to be obvious in view of the prior art, the patent application may be rejected or an existing patent may be invalidated. In the simplest terms, prior art refers to any information that has been made available to the public before a given date that might be relevant to a patent’s claims of originality. This information can come in various forms: existing patents, published patent applications, academic papers, journal articles, product descriptions, public demonstrations, or even oral disclosures.