What is prior art?

Prior art is a term used in patent law that refers to any evidence of the existence of a similar invention before the patent was filed. Evidence of prior art can be evidence of a similar invention or product that is, or was, publicly known, used, or available for sale. Prior art is relevant because it can be used to challenge the uniqueness of an invention, which is an important element of patent law. In California, prior art can be used as evidence that an invention was already known and in use before an inventor filed a patent application. If prior art exists, other inventors or researchers may have already patented a similar invention or product, or may have published research on the same. This will disqualify the patent application if it is found to be too similar in nature. Prior art is used to determine whether the invention is novel, which is a requirement for a patent to be granted. In California, a prior art search must be conducted before an invention can be patented. Conducting a prior art search helps ensure that there is no existing patent for the invention or a similar invention, so the validity of the patent application can be reviewed. Once a prior art search is completed and there is no evidence of a similar invention or patent, the invention can be eligible for patenting.

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What is prior art?

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