What is prior art?

Prior art is a type of evidence used in patent law to determine whether an invention is novel or not. It includes any existing knowledge, information, or technology that was publicly available before a certain patent was filed. In North Dakota, prior art must be considered when a patent application is reviewed to ensure the invention is truly unique and deserves a patent. Prior art can make or break a patent application. If an invention has already been described or disclosed in the past, a patent may not be granted. By evaluating prior art, patent examiners can determine if a patent should be issued or not. Prior art includes written publications, patents, products, or anything else that is made available to the public before the filing date of the patent application. It can even include products that were built but never disclosed, as long as a person involved in the invention had possession of the invention before the patent was filed. In conclusion, prior art is an important part of the patent process that is used to determine if an invention is novel and deserves a patent. It includes any publically available knowledge, information, or technology that was available before the patent application was filed.

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