What is prior art?
Prior art is a term used in patent law to refer to any prior knowledge or invention, anywhere in the world, that is related to an invention or idea for a patent application. In other words, it is any publicly available information that could affect the patentability of the invention. It can include the public disclosure of existing technologies, products, services, or research papers. It can also include inventions that have already been patented in other countries. In Colorado, prior art is something that must be considered before a patent is granted. It is the responsibility of the patent applicant to search for all relevant prior art to ensure that their invention is original and therefore patentable. Prior art can also be used to challenge the validity of a patent application. Before granting a patent, the US Patent and Trademark Office must search for prior art to ensure that all existing inventions are accounted for and considered.
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