en.swpat.org is a wiki.   You can edit it.   May contain statements End Software Patents does not endorse.

November 2014: About Microsoft’s patent licence for .NET core

SitemapCountriesWhy abolish?Law proposalsStudiesCase lawPatent office case lawLawsuits

State of the art

From en.swpat.org
(Redirected from Prior art)
Jump to: navigation, search

The state of the art, in patent law, is the set of published ideas for a given domain.

Prior art is any proof that an idea was already part of the state of the art before a patent application was filed.


[edit] What can be used as prior art?

Some examples:

  • ads
  • marketing materials
  • manuals
  • conference proceedings discussing the idea
  • source code
  • ...many other things...

[edit] Invalidating a patent

Two approaches are possible with prior art:

  1. Using just prior art: show that someone else previously did what's described in some or all of the claims
  2. Combining prior art with obviousness: show that someone previously did something similar, and argue that in light of this new information about what the state of the art was, the claims of the patent are too obvious

[edit] Related pages on en.swpat.org

[edit] External links

This wiki is part of the End Software Patents (ESP) campaign (donate). For more information, see:
>> endsoftwarepatents.org (Main ESP website) <<
>> endsoftwarepatents.org/news (News) <<

This wiki is publicly editable. (See: en.swpat.org:About) It's a pool of information, not a statement of ESP's views or policies, so no permission is required. Add your knowledge! (See: Help:How to make a good contribution)