What is prior art?

Prior art is a term used in patent law to refer to any information or material in existence prior to a patent application. This includes any documents, drawings, publications, devices, products, or techniques that have already been made available to the public. In other words, prior art is information that is already known about an invention and is used in determining whether the invention is patentable. In New York, prior art must be established before a patent can be granted. When a patent application is filed, the U.S. Patent and Trademark Office (USPTO) will conduct a search of prior art to determine whether or not the invention is new and non-obvious. If prior art is found that is similar to the invention, the patent application may be denied. Prior art can be used to invalidate or challenge patents that have already been granted. If prior art is discovered after a patent has been granted, a party can challenge the patent by filing a suit in court alleging that the patent is invalid due to prior art. It is important that inventors do their own research to ensure that their inventions are unique and non-obvious before filing their patent applications. Prior art is an important concept within patent law and can heavily influence the outcome of a patent application. It is important for inventors to have a thorough understanding of prior art and its implications in order to protect their inventions.

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What is prior art?

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