Prior art includes patents, publications, public use, sales, and other public availability before the effective filing date. The America Invents Act moved to a first-inventor-to-file system with a limited grace period.
Secret prior art has limited application.
Alternative Names:
Prior Art Reference|Anticipatory Art
Why it Matters?
The effective filing date determines what qualifies, and priority claims to earlier applications can move that date substantially, which makes verifying the priority chain a threshold step since a defective priority claim exposes the patent to intervening art. On-sale and public use activity by the patentee more than a year before filing also creates art, which is frequently overlooked in searches focused on published references.
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Frequently asked questions
Why verify the priority chain?
What art is frequently overlooked?
