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Difference between revisions of "State of the art"
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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'''. | 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'''. | ||
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Some examples: | Some examples: | ||
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* source code | * source code | ||
* ...many other things... | * ...many other things... | ||
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==Invalidating a patent== | ==Invalidating a patent== | ||
Revision as of 06:10, 18 November 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
