Prior Art
What does "Prior Art" mean in law?
Prior art encompasses all publicly available information that existed before a patent application's filing date (or priority date) and that is relevant to the patent's claims of novelty and non-obviousness. Under 35 U.S.C. section 102, prior art includes prior patents, published applications, academic articles, products sold or publicly used, and any other public disclosures anywhere in the world. The America Invents Act of 2011 shifted the United States from a 'first to invent' to a 'first inventor to file' system, making the filing date the critical reference point. Prior art is the primary weapon used to challenge patent validity, both during prosecution at the USPTO and in litigation or inter partes review proceedings.
Definition
Prior art encompasses all publicly available information that existed before a patent application's filing date (or priority date) and that is relevant to the patent's claims of novelty and non-obviousness. Under 35 U.S.C. section 102, prior art includes prior patents, published applications, academic articles, products sold or publicly used, and any other public disclosures anywhere in the world. The America Invents Act of 2011 shifted the United States from a 'first to invent' to a 'first inventor to file' system, making the filing date the critical reference point. Prior art is the primary weapon used to challenge patent validity, both during prosecution at the USPTO and in litigation or inter partes review proceedings.
Example
When a company files a patent for a new smartphone feature, a competitor might cite a research paper published two years earlier describing the same technology as prior art to invalidate the patent for lack of novelty.