What is a prior art reference?

A prior art reference is a term used in patent law to describe any document, invention, or product that was published or in use before a patent application is filed. It can include products, inventions, literature, or other information that has already been publicly available, and it is important because it establishes the date of inventorship. In North Carolina, a prior art reference is used to prove that an invention is not new or novel, and therefore not eligible for a patent. In order for an invention to be patentable, it must be a new and non-obvious development that was not already in use or publicly available before the patent application was filed. If a prior art reference is found that proves the invention was already publicly available, then the patent application may be denied. Therefore, prior art references are an important factor in determining patent eligibility.

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