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Information about Prior Art

Patentability
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Prior art (also known as or state of the art, which also has other meanings) in most systems of patent law[1] 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 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. Absent such an obligation, the information will typically be regarded as prior art. Generally, this means that a patent may be granted on an invention despite the fact that someone else 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 As a special exception, earlier-filed and unpublished patent applications do qualify as prior art as of their filing date in certain circumstances.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 most patent systems, in order to anticipate a claim, prior art is expected to provide a description sufficient to inform the 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 many countries require the information to be recorded in a fixed form somehow. Again, in most patent systems, prior art does not include unpublished work or mere conversations (though according to the European Patent Convention, oral disclosures also form prior art — see Article 54(2) EPC).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. To assess the validity of a patent application, patent offices explore the prior art that was disclosed before the invention occurred (in the United States) or before the filing date (in the rest of the world).

First-to-invent versus first-to-file systems

Patent law
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Main article: First to file and first to invent
The United States uses a first-to-invent system. Invention is generally defined to comprise two steps: conception of the invention and reduction to practice of the invention. When an inventor conceives of an invention and diligently reduces the invention to practice (by filing a patent application, by practicing the invention, etc), the inventor's date of invention will be the date of conception. Thus, provided an inventor is diligent in reducing an application to practice, he or she will be the first inventor and the inventor entitled to a patent, even if another files a patent application (reduces the invention to practice) before the inventor.[2]

Every country other than the United States uses a first-to-file system. This means that, regardless of who the first inventor was, the person or legal entity who files a patent application first is the one who can be granted a patent for the invention. The first-to-invent versus first-to-file rule is one of the major differences between U.S. patent law and the patents systems of other nations. Harmonization efforts are underway with the goal being to unify the patent laws of various nations so that inventors have the same rights regardless of in which country a patent is granted.

Other considerations

Although patents normally go to the first inventor under a first-to-file system, an inventor who keeps the information secret or just does not publish generally loses the right to the patent and also does not establish prior art. Without prior art, a later inventor can get a valid patent on the same invention and then apply it against earlier inventor(s). All this is easily prevented simply by recognizing the invention and applying for a patent, or by publishing details of how to practice the invention, thus creating prior art.

Prior art searching

A "novelty search" is a prior art search that is often conducted by patent attorneys, patent agents or professional patent searchers before an inventor files a patent application. A novelty search helps an inventor determine if the invention is novel before committing the resources necessary to obtain a patent.

A "validity search" is a prior art search done after a patent issues. The purpose of a validity (or invalidity) search is to try and find prior art that the patent examiner overlooked so that a patent can be declared invalid. This might be done by an entity infringing the patent, or it might be done by a patent owner or other entity that has a financial stake in a patent to confirm the validity of a patent.

A clearance search is a prior art search done of issued patents to see if a given product or process violates someone else's existing patent. If so, then a validity search may be done to try and find prior art that would invalidate the patent.

Duty of disclosure

In the United States, inventors and their patent agents or attorneys are required by law to submit any references they are aware of to the United States Patent and Trademark Office that may be material to the patentability of the claims in a patent application they have filed. The patent examiner will then determine if the references qualify as "prior art" and may then take them into account when examining the patent application. If they attorney/agent or inventor fails to properly disclose the potentially relevant references they are aware of, then a patent can be found invalid for inequitable conduct.

Neither Europe nor Japan have this duty of disclosure.

Public participation in patent examination

Main article: Public participation in patent examination


With the advent of the Internet, a number of initiatives have been undertaken to create a forum where the public at large can participate in prior art searches. These forums have been related to both issued patents and pending patent applications.

Pending patent applications

More recently, different attempts to employ a wiki format for encouraging public participation commenting on pending US applications have been started. These include: Wikipedia itself is often used by patent examiners as a reference to get an overall feel for a given subject. Citations of Wikipedia as actual prior art are problematic, however, due to the fluid and open nature of its editing.[3]

References

1. ^ See for example Article 54(2) EPC and
2. ^ [1]
3. ^ ] September 4, 2006]

See also

Notable prior art databases

For other patent search services, see .

Further reading

External links

Official institutions

comparisons. To help improve it, make a comparative view including different countries and systems, and their pluses and minuses. Try using tables, drawings and figures.
Please [ improve this article] or discuss the issue on the talk page.
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In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claims of a patentable invention. In some patent law frameworks however, such as in the European Patent Convention (EPC) and its case law, no explicit, accurate definition of
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patentable subject matter (or statutory subject matter) is the requirement that an invention, for which patent protection is sought, is of a kind of subject matter that is, by law, allowed patent protection.
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Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application.
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The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented.
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In United States patent law, utility is a patentability requirement. Today, the utility requirement is the lowest bar and is easily met. Largely utility is used to prevent the patenting of inoperative devices such as perpetual motion machines.
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In patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e.
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person having ordinary skill in the art (often abbreviated PHOSITA in the United States), the person skilled in the art or the man skilled in the art is a legal fiction found in many patent laws throughout the world.
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State of the Art is an Amiga demo by Spaceballs, and winner of The Party 1992 demo competition. It features vector silhouettes of dancers, occasionally morphing into geometric shapes, synchronised to a rave music soundtrack. The sequel to State of the Art was Nine Fingers.
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patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely
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Information is the result of processing, gathering, manipulating and organizing data in a way that adds to the knowledge of the receiver. In other words, it is the context in which data is taken.
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For the musical form, see .


An invention is an object, process, or technique which displays an element of novelty. An invention may sometimes be based on earlier developments, collaborations or ideas, and the process of invention requires at least
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trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information".
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A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention (the patent specification
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person having ordinary skill in the art (often abbreviated PHOSITA in the United States), the person skilled in the art or the man skilled in the art is a legal fiction found in many patent laws throughout the world.
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Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents
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Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents
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This article is written like a personal reflection or and may require .
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Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge
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Medicine is the science and "" of maintaining and/or restoring human health through the study, diagnosis, and treatment of patients. The term is derived from the Latin ars medicina meaning the art of healing.
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Motto
"In God We Trust"   (since 1956)
"E Pluribus Unum"   ("From Many, One"; Latin, traditional)
Anthem
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patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely
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Intellectual property law
Primary rights
  • Copyright
  • Patents
  • Trademarks
  • Industrial design rights
  • Utility models
  • Geographical indication
  • Trade secrets
  • Related rights
  • Tradenames
  • Domain names
Sui generis rights

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    Patents are legal instruments intended to encourage innovation by providing a limited "monopoly" to the inventor (or their assignee) in return for the publication of the details of the invention protected by the patent.
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    Patent prosecution describes the interaction between an applicant, or their representative, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves negotiation with a patent
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    A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention (the patent specification
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    comparisons. To help improve it, make a comparative view including different countries and systems, and their pluses and minuses. Try using tables, drawings and figures.
    Please [ improve this article] or discuss the issue on the talk page.
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    infringe that patent.

    Elements of patent infringement

    Any party that manufactures, uses, sells, or offers for sale patented technology, during the term of the patent and within the country that issued the patent, is considered to infringe the patent.
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    Property law
    Part of the common law series
    Acquisition of property
    Gift  · Adverse possession  · Deed
    Lost, mislaid, and abandoned property
    Alienation  · Bailment  · License
    Estates in land
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    European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations.
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    Japanese patent law is based on the first-to-file principle and is mainly given force by the Patent Act (特許法 Tokkyohō) of Japan which consists of 204 articles.
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    This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free Documentation License.
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