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In most patent laws, prior art or state of the art is all information that has been disclosed to the public in any form before a given date. However, under United States Patent Law, non-public prior art, such as a sale carried out in secret (e.g., under a non-disclosure agreement), qualifies as prior art in certain circumstances. In Europe, prior art does not include information kept secret, whether from trade secrecy or just a simple lack of interest in publication. (cited from

Prior Art must be

  • Published publically (this includes web publishing)
  • Understandable by a person of regular skill in the field.

The Prior Art has the following properties associated with it

  • Author
  • Publication date (not necessarily the public publication date?)
  • The art itself (or a reference to it, if copyright considerations prohibit including the art itself)
  • If the art itself is not understandable by a person of regular skill in the field, it must be accompanied by appropriate explanatory material.

Things easily showing a "publication date"

  • version-control archives
  • mailing list archives
  • Usenet archives
  • Books
  • Magazines
  • TV-Shows / Videos
  • Papers
  • CDs / DVDs
  • Bills

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osapa/prior_art.txt · Last modified: 2016/07/19 01:22 (external edit)