Prior art (also known as state of the art, which also has other meanings, or background art), in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in the prior art, a patent on that invention is not valid.
Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation. With such an obligation, the information is typically not regarded as prior art. Therefore, a patent may be granted on an invention, although someone else already knew of the invention. A person who used an invention in secret may in some jurisdictions be able to claim "prior user rights" and thereby gain the right to continue using the invention. As a special exception, earlier-filed and unpublished patent applications do qualify as prior art as of their filing date in certain circumstances.
In order to anticipate a claim, prior art is generally expected to provide a description sufficient to inform an average worker in the field (or the person skilled in the art) of some subject matter falling within the scope of the claim. Prior art must be available in some way to the public, and in many countries, the information needs to be recorded in a fixed form somehow. Prior art generally does not include unpublished work or mere conversations (though according to the European Patent Convention, oral disclosures also form prior art—see Article 54(2) EPC). It is disputed whether traditional knowledge (e.g., of medical properties of a certain plant) constitutes prior art.
Patents disclose to society how an invention is practiced, in return for the right (during a limited term) to exclude others from manufacturing, selling, offering for sale or using the patented invention without the patentee's permission. Patent offices deal with prior art searches in the context of the patent granting procedure.
Read more about Prior Art: Usage in Litigation, Duty of Disclosure, Public Participation in Patent Examination
Famous quotes containing the words prior and/or art:
“As humans have a prior right to existence over dogs by virtue of being more highly evolved and having a superior consciousness, so women have a prior right to existence over men. The elimination of any male is, therefore, a righteous and good act, an act highly beneficial to women as well as an act of mercy.”
—Valerie Solanas (b. 1940)
“Semantically, taste is rich and confusing, its etymology as odd and interesting as that of “style.” But while style—deriving from the stylus or pointed rod which Roman scribes used to make marks on wax tablets—suggests activity, taste is more passive.... Etymologically, the word we use derives from the Old French, meaning touch or feel, a sense that is preserved in the current Italian word for a keyboard, tastiera.”
—Stephen Bayley, British historian, art critic. “Taste: The Story of an Idea,” Taste: The Secret Meaning of Things, Random House (1991)