Prior art, sometimes spelled as pre-existing art, refers to any evidence that demonstrates a particular invention or process is already known or in use. The word "prior" is pronounced /ˈpraɪər/, while "art" is pronounced /ɑːt/. Together, the phonetic transcription of "prior art" is /ˈpraɪər ɑːt/. It is a commonly used term in patent law, where it is used to determine the novelty and non-obviousness of an invention. A thorough search for prior art is essential to obtain valid and enforceable patents.
Prior art refers to any existing evidence or knowledge that is available before a particular invention is patented. It represents all the information, publications, patents, or any other inventor's work that is already known to the public.
In the context of patent law, prior art is crucial for determining the patentability of an invention. It is used to establish whether an invention is novel, non-obvious, and meets the requirement of being an original creation. Patent examiners and courts analyze prior art to determine if an invention is truly unique and innovative.
A piece of prior art can be any relevant information available in the public domain. This includes scientific articles, books, patents, technical drawings, demonstrations, or any other form of documentation that discloses an invention before its filing date. The purpose of considering prior art is to prevent the patenting of an invention that is not genuinely new and would be an obstruction to future advancements.
Therefore, prior art plays a crucial role in patent examination and litigation. Patent applicants and inventors must conduct a thorough search of prior art to ensure that their invention is novel and meets the legal requirements for patentability. Likewise, patents can be invalidated by presenting prior art that demonstrates the invention was not unique at the time of filing.
Overall, prior art comprises the existing body of technical and scientific knowledge that is publicly available, and it has a significant impact on the determination of patentability.
The word "prior art" originated from the field of patent law. The term "prior" is derived from the Latin word "prior", meaning "earlier" or "previous". "Art" here refers to any knowledge or subject matter related to the invention that existed before the filing of a patent application. In patent law, "prior art" refers to any evidence that demonstrates an invention is not new or novel, as it was already known or in use before the claimed invention. The term is used to assess the patentability of an invention and determines whether an invention deserves patent protection based on its novelty and inventiveness compared to the existing prior art.