What is a prior art reference?

A prior art reference is a reference to existing technology or knowledge that can be used for comparison when evaluating the novelty of an invention in patent law. It reflects what was already known in the field or industry before the invention in question was created. In Minnesota, prior art references can include books, articles, existing patents, products, drawings, or other forms of information that demonstrate that an invention existed before the claimed invention. In addition to evaluating the novelty of an invention, prior art references can also be used to assess the level of detail or clarity of an inventor’s disclosure. This is important because if a patent is granted for an invention that was already known, it could prevent others from using or improving the invention, depriving society of inventions that could help us progress. When applying for a patent, inventors must disclose any prior art references that they are aware of. Failure to do so could result in the rejection of their application. To help ensure a fair and equal patent system, the U.S. Patent and Trademark Office makes a search of all prior art references before granting a patent. This helps the office make an informed decision about the invention and ensures that the inventor is not granted a patent for something that already exists.

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What is a prior art reference?

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