What is a prior art reference?

A prior art reference is a type of reference used in patent law to refer to a publicly-available description, design, or example of a product or process that was previously known to others. It can include items like patents, articles, literature, or even oral presentations. In the State of California, prior art references are used to determine whether an invention is truly new and unique, and thus eligible for a patent. Prior art references help patent examiners evaluate patents by comparing the invention being claimed to the existing art. By searching patent databases and other sources, patent examiners are able to determine if the invention is novel and non-obvious. If a prior art reference is found that describes or demonstrates the invention or something similar to it, the patent is denied. An important exception to the prior art reference rule occurs when a patent application describes an improvement on an existing invention or process. In these cases, the prior art reference used in evaluation is the original patent application. If the improvement is deemed novel and non-obvious, a patent may still be awarded. In summary, prior art references are used to evaluate patent applications in the State of California. The references are used to compare the invention to existing knowledge and determine if the invention is novel and non-obvious. While prior art references are typically used for evaluation, an exception is made when improvements on existing inventions or processes are claimed.

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