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Difference between revisions of "State of the art"
(==Invalidating a patent== Two approaches are possible with prior art: # Using just prior art: show that someone else previously did what's described in some or all of the claims # Combining prior art) |
(→External links: * [http://peertopatent.tumblr.com/tutorials#prior_art Peer-to-patents tutorial list: Learn about prior art]) |
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==External links== | ==External links== | ||
| − | * [http://www.pubpat.org/findingpriorart.htm How to Find Prior Art Tutorial], audio and slides, by [[Dan Ravicher]] | + | * [http://www.pubpat.org/findingpriorart.htm How to Find Prior Art Tutorial], audio and slides, by '''[[Dan Ravicher]]''' |
| − | * [http://en.wikipedia.org/wiki/State_of_the_art | + | * [http://en.wikipedia.org/wiki/State_of_the_art State of the art], '''Wikipedia''' |
| − | * [http://www.patentlyo.com/patent/2010/03/the-relevance-of-invention-date-in-patent-prosecution-six-posts.html The Relevance of Invention Date in Patent Prosecution (six parts)], Patently- | + | * [http://www.patentlyo.com/patent/2010/03/the-relevance-of-invention-date-in-patent-prosecution-six-posts.html The Relevance of Invention Date in Patent Prosecution (six parts)], March 2010, '''Patently-O''' |
| + | * [http://peertopatent.tumblr.com/tutorials#prior_art Peer-to-patents tutorial list: Learn about prior art] | ||
{{footer}} | {{footer}} | ||
[[Category:Understanding the patent system]] | [[Category:Understanding the patent system]] | ||
Revision as of 12:11, 23 October 2010
The state of the art, in patent law, is the set of published ideas for a given domain. Any idea that is part of the state of the art is called a piece of prior art.
Contents
What can be used as prior art?
Some examples:
- ads
- marketing materials
- manuals
- conference proceedings discussing the idea
- source code
- ...many other things...
Invalidating a patent
Two approaches are possible with prior art:
- Using just prior art: show that someone else previously did what's described in some or all of the claims
- 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
Related pages on ESP Wiki
- How to read patents and gather prior art
- Prior-art database
- What is patentable
- First-to-file or first-to-invent
- Invalid patents remain unchallenged
- Invalidating harmful patents
External links
- How to Find Prior Art Tutorial, audio and slides, by Dan Ravicher
- State of the art, Wikipedia
- The Relevance of Invention Date in Patent Prosecution (six parts), March 2010, Patently-O
- Peer-to-patents tutorial list: Learn about prior art
