|
|
Prior Art
In order for the U.S. government to issue a patent, the item being patented
must be "novel, useful, and not obvious to one skilled in the art."
Prior art refers to all information that was publicly available before
a certain date. In the context of patent searches, prior art is information
that was available before the invention date (in the U.S.) or the filing
date (European and many other countries.) If certain prior art exists,
a patent cannot be granted.
For example:
- "If the invention has been described in a printed publication
anywhere in the world, or if it has been in public use or on sale in
this country before the date that the applicant made his/her invention,
a patent cannot be obtained.
- If the invention has been described in a printed publication anywhere,
or has been in public use or on sale in this country more than one year
before the date on which an application for patent is filed in this
country, a patent cannot be obtained. In this connection it is immaterial
when the invention was made, or whether the printed publication or public
use was by the inventor himself/herself or by someone else.
- If the inventor describes the invention in a printed publication or
uses the invention publicly, or places it on sale, he/she must apply
for a patent before one year has gone by, otherwise any right to a patent
will be lost. The inventor must file on the date of public use or disclosure,
however, in order to preserve patent rights in many foreign countries."
(excerpted from 35 U.S.C. 102)
See the article "Considering
What Constitutes Prior Art in the United States," for
a more detailed explanation of prior art from a legal point-of-view.
See also "When
is Something Prior Art Against a Patent?"
|
|
| |
|
