What is prior art?

Prior art is a term used in patent law to refer to existing knowledge or technology that existed before a new invention. In Washington, prior art is important because it is used to determine if an invention is eligible for a patent or if it has already been invented and therefore is not eligible for a patent. Prior art can include anything that was publicly available before the invention was made, including books, publications, patents, articles, and products. It can also include other inventions that are similar to, but not exactly the same as, the invention being examined. Generally, prior art must be publicly available in order to be considered, although some exceptions can exist. When examining a patent in Washington, the U.S. Patent and Trademark Office will look at prior art to make sure the inventor has not copied someone else’s invention, or that the invention is not too similar to an existing one. If the invention matches too closely to something that already exists in the prior art, then it may not be eligible to receive a patent because it is considered “obvious” and therefore cannot be protected. Additionally, if the invention is found to be too similar to existing prior art, a patent cannot be granted if the invention is not a significant improvement over the prior art. Prior art is an important concept in patent law, as it helps ensure that inventors and businesses are not taking credit for inventions that have already been made and that patent protection only applies to truly innovative ideas.

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What is prior art?

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