What is a prior art reference?

A prior art reference is a citation to a published or publicly available document, such as a patent, patent application, or publication, that is cited in a patent application in order to establish that an invention has already been made or is in the public domain. Prior art references are used to demonstrate that an invention is not novel or that the subject matter of a patent application has already been described in the prior art. For example, when a patent examiner is reviewing a patent application, they may look to prior art references to determine if the claimed invention is in the public domain or has already been described or shown in a prior art reference. In South Carolina, a prior art reference must meet certain specific requirements in order to be considered valid. These requirements include a claim of novelty, a statement of novelty, and a citation to the applicable prior art reference.

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