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Prior art

Prior art refers to any publicly available knowledge, inventions, or disclosures that exist before the effective filing date of a patent application, serving as the baseline for assessing whether a claimed invention is sufficiently novel and non-obvious to warrant patent protection.^[1] In patent law, this body of existing information prevents the granting of patents for ideas or technologies that are already part of the public domain, ensuring that intellectual property rights incentivize genuine innovation rather than rewarding rediscoveries.^[2] The concept of prior art is central to patentability requirements worldwide, as codified in statutes like 35 U.S.C. §§ 102 and 103 in the United States, which use it to evaluate novelty (absolute newness) and inventive step (non-obviousness over existing knowledge).^[1] Internationally, similar principles apply under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), where prior art encompasses everything made available to the public by written or oral description, use, or any other means before the priority date.^[3] For instance, the European Patent Convention defines prior art as any state of the art disclosed to the public before the filing or priority date, including non-patent literature and public uses, to maintain a uniform standard for patent examination.^[4] Prior art can take diverse forms, such as issued patents, published patent applications, scientific articles, product manuals, public demonstrations, sales records, or even internet postings, provided they were accessible to the relevant technical community prior to the application's date.^[1] Exceptions exist, such as grace periods in some jurisdictions (e.g., one year in the U.S. for the inventor's own disclosures), which allow certain pre-filing publications by the applicant to not qualify as prior art.^[2] Patent examiners and courts rely on comprehensive prior art searches—often using databases like the USPTO's PatFT, Espacenet, or WIPO's PATENTSCOPE—to identify relevant references that might anticipate claims or render them obvious.^[4] Beyond examination, prior art plays a critical role in post-grant proceedings, such as inter partes reviews, where it can invalidate patents if overlooked during initial approval, thereby balancing monopoly rights with public access to technology.^[1] This framework promotes technological progress by discouraging redundant patenting while encouraging inventors to build upon existing knowledge.

Definition and Scope

Core Elements of Prior Art

Prior art is defined as any evidence demonstrating that an invention, or a relevant aspect of it, was already publicly known, used, or described before the effective filing date of a patent application. This includes a wide range of materials such as patents, scientific publications, technical articles, public demonstrations, sales offers, or even oral disclosures made accessible to the public. In the United States, under 35 U.S.C. § 102, prior art consists of information that was publicly available prior to the claimed invention's filing date, serving as the baseline for evaluating patentability. The America Invents Act (AIA) of 2011 further refined this by transitioning to a first-inventor-to-file system effective for applications filed on or after March 16, 2013, emphasizing public disclosures before the effective filing date and excluding certain pre-filing secret uses by the inventor.^[5]^[6]^[2] A fundamental criterion for qualifying as prior art is public accessibility, meaning the information must have been disseminated in a manner that enables interested members of the relevant technical community to access it without undue difficulty. Private or confidential documents, internal prototypes, or unpublished work do not qualify as prior art unless they have been revealed to the public through disclosure, sale, or use. For instance, a thesis stored in a university library but not indexed or disseminated may fail this test if it was not reasonably accessible at the time. The U.S. Court of Appeals for the Federal Circuit has emphasized that accessibility, rather than actual dissemination or readership, is key to invalidating a patent claim.^[7]^[8] Prior art distinguishes itself from the broader concept of novelty by specifically delineating the preexisting body of knowledge—the "state of the art"—against which an invention's originality is measured. While novelty requires that an invention not be identically anticipated by prior art, prior art more comprehensively establishes the technological landscape, including cumulative knowledge that could render an invention obvious to a person skilled in the art. This framework ensures patents reward genuine advancements rather than mere reproductions or predictable combinations of existing ideas.^[4] The concept of prior art traces its origins to early patent law traditions in the 19th century, building on English common law principles that prohibited grants of exclusive rights for non-novel inventions, as seen in the Statute of Monopolies of 1624. In the United States, it was formalized through the Patent Act of 1836, which introduced a novelty examination system requiring inventions to differ from previously patented or published arts. The term "prior art" itself entered common legal usage during this period and was later codified in the 1952 Patent Act under 35 U.S.C. § 102.^[9]^[10]

Specific Examples and Exceptions

Published patents serve as prior art if issued before the effective filing date of the claimed invention under 35 U.S.C. § 102(a)(1). Recent Federal Circuit rulings as of 2025, such as a January decision, confirm that U.S. patent applications qualify as prior art effective from their filing date under § 102(a)(2), even if published or issued later.^[11]^[12] Scientific articles qualify as prior art when they constitute printed publications accessible to the public prior to the filing date, such as peer-reviewed journals disseminated through libraries or online repositories.^[13] Product manuals can also form prior art if publicly available, for example, through sales distribution or online access before the relevant date.^[13] Public demonstrations qualify as prior art under the public use provision if the invention is used openly without secrecy restrictions prior to filing.^[11] Sales offers or actual sales of the invention before the effective filing date trigger the on-sale bar, rendering the subject matter prior art.^[11] Exceptions to prior art applicability include the inventor's own disclosures made within one year before the effective filing date, which do not count against novelty under the grace period in 35 U.S.C. § 102(b)(1).^[11] This provision protects disclosures by the inventor, joint inventor, or those derived from them, allowing a 12-month window for filing after such revelations.^[14] In contrast, European patent law under the European Patent Convention enforces absolute novelty with no general grace period, meaning any public disclosure before filing destroys novelty, though limited exceptions exist for certain unintentional disclosures under Article 55 EPC. Special cases include foreign language documents, which qualify as prior art if publicly accessible before the filing date, provided the content is understandable to a person having ordinary skill in the art through reasonable diligence, often requiring translation for evaluation.^[13] Abandoned patent applications become prior art only if published or otherwise publicly disclosed, such as through reference in another patent or under 37 CFR 1.14, effective from the date of public availability. A March 2025 Federal Circuit decision refined the test for applications claiming priority to provisionals under § 102(e).^[15]^[16] The "printed publication" test, as established in In re Wyer (655 F.2d 221, CCPA 1981), determines prior art status by assessing whether a document was disseminated or made accessible to the public with intent for public availability, focusing on public accessibility to interested persons exercising reasonable diligence rather than mere printing or limited distribution.^[13] This test applies to various formats, ensuring that only truly public materials bar patentability.^[13]

Legal Considerations

Effective Dates and Timing

In patent law, the general rule for determining prior art is that any invention, publication, public use, sale, or other public disclosure qualifies as prior art if it occurred before the effective filing date of the claimed invention.^[11] This cutoff ensures that patentability is assessed against knowledge already available to the public at the time the applicant seeks protection.^[14] For patent documents specifically, published patent applications and issued patents serve as prior art from their effective filing date, rather than their later publication date. In the United States, for example, non-provisional patent applications are typically published 18 months after their filing date, but their prior art effect traces back to the initial filing if it predates the claimed invention's effective filing date. This rule applies to U.S. patents and applications under 35 U.S.C. § 102(a)(2), as well as certain foreign equivalents. Priority dates play a critical role in this timing framework, allowing applicants to claim an earlier effective filing date through international conventions. Under the Paris Convention for the Protection of Industrial Property, an applicant filing in a member country can claim priority from an earlier application in another member country within 12 months, establishing the priority date as the benchmark for prior art evaluation. This mechanism effectively "backdates" the filing for novelty purposes, excluding disclosures between the priority and subsequent filing dates from counting as prior art against the claim.^[17] The America Invents Act (AIA), enacted in 2011, reformed U.S. patent law by adopting a first-inventor-to-file system, where prior art is strictly defined relative to the effective filing date under 35 U.S.C. § 102(a).^[11] This shift emphasizes the filing date over invention date, with the effective filing date incorporating any valid priority claims, thereby determining the scope of disqualifying prior art.^[14] Certain inventor-derived disclosures within one year before the effective filing date may qualify for a grace period exception, but only if they meet specific statutory criteria.^[11]

Jurisdictional Variations

Prior art definitions and applications vary significantly across major patent jurisdictions, reflecting differences in novelty requirements, grace periods, and the scope of what constitutes publicly available knowledge. These variations influence how inventors must time disclosures and searches to secure protection, with some systems emphasizing absolute worldwide novelty and others providing limited exceptions for the inventor's own actions.^[18] In the United States, the America Invents Act of 2011 shifted the system to a first-inventor-to-file regime effective for applications filed on or after March 16, 2013, under 35 U.S.C. § 102, where prior art encompasses any invention patented, described in a printed publication, in public use, on sale, or otherwise available to the public before the effective filing date, including sources from both the U.S. and foreign jurisdictions.^[11] A one-year grace period applies to disclosures made by the inventor, a joint inventor, or someone who obtained the subject matter directly or indirectly from the inventor within one year before the effective filing date, excluding such disclosures from prior art under 35 U.S.C. § 102(b)(1).^[19] This exception aims to protect inventors from their own pre-filing activities, such as academic presentations or sales, but does not extend to independent third-party disclosures.^[19] Under the European Patent Convention (EPC), absolute novelty is required without any grace period, as outlined in Article 54, which defines the state of the art as comprising everything made available to the public by means of written or oral description, use, or in any other way before the date of filing of the European patent application.^[20] Prior art under the EPC includes worldwide sources, and any disclosure by the inventor prior to filing—regardless of timing—destroys novelty unless it falls under rare exceptions like non-prejudicial disclosures at international exhibitions registered with the World Intellectual Property Organization.^[20] This strict standard encourages early filing to avoid self-inflicted novelty bars, contrasting with more forgiving U.S. provisions.^[21] Japan's patent law similarly enforces absolute novelty under Article 29 of the Patent Act, treating as prior art any invention that, before the filing date, was publicly known, worked, or described in a printed or other publication in Japan or elsewhere, with limited exceptions including a one-year grace period for disclosures made by or against the will of the applicant, such as at trade shows or through evident infringement.^[22] These exceptions are narrower than in the U.S., applying only to specific scenarios and not broadly shielding inventor activities.^[22] In China, prior art is defined under Article 22 of the Patent Law as any technological solution already known to the public before the filing date, emphasizing public availability worldwide through publication, use, or other means, explicitly including oral descriptions as sufficient to constitute disclosure. China provides a six-month grace period under Article 24 of the Patent Law for certain disclosures made within six months before the filing date, including those at international exhibitions approved by the State Council, at prescribed academic or technological meetings, due to unauthorized acts by others (e.g., breach of confidentiality), or during national emergencies or other extraordinary circumstances.^[23] International harmonization efforts, particularly through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 1994 administered by the World Trade Organization, establish minimum standards for patent novelty by requiring that inventions be new and not part of the prior art, understood as the existing state of technical knowledge available to the public.^[18] However, TRIPS permits variations in defining "public" knowledge and grace periods, allowing jurisdictions to maintain distinct approaches while ensuring baseline protection for inventions.^[24]

Practical Applications

Role in Patent Examination

Patent examiners at the United States Patent and Trademark Office (USPTO) play a central role in evaluating prior art during the initial review of patent applications to assess patentability. Upon receipt of an application, the examiner conducts a comprehensive search of prior art, including patents, published applications, and non-patent literature, to determine if the claimed invention complies with the novelty requirements under 35 U.S.C. § 102 and the non-obviousness requirements under 35 U.S.C. § 103.^[25] This search focuses on both the claimed features and unclaimed aspects that may reasonably form the basis for future amendments, ensuring a thorough evaluation of the invention's originality.^[25] If the prior art anticipates the claims or suggests that the invention would have been obvious, the examiner issues an office action citing relevant references to reject the claims. For obviousness rejections under 35 U.S.C. § 103, examiners often combine multiple prior art references, applying the Graham factors from the Supreme Court decision in Graham v. John Deere Co., 383 U.S. 1 (1966), which consider the scope and content of the prior art, the differences between the claimed invention and the prior art, and the level of ordinary skill in the pertinent field.^[26] These factors guide a flexible, fact-specific analysis, allowing examiners to incorporate common sense and predictable variations without requiring explicit motivation to combine references.^[26] The identification of prior art significantly influences the patent allowance process, as applicants typically respond to rejections by amending claims to distinguish over the cited references or submitting arguments emphasizing non-obvious differences. Such responses often narrow the claim scope to overcome prior art, leading to eventual allowance in many cases. USPTO data from applications filed between 1996 and 2005 indicates that approximately 89% of patent applications received an initial rejection, with prior art under 35 U.S.C. §§ 102 and 103 accounting for the majority of these; more recent data from 2017 to 2020 shows about 47% of rejections due to obviousness combinations.^[27] Recent overall final allowance rates are around 62% as of 2022, though initial rejection rates remain high.^[28] Pre-grant publication further integrates prior art into the examination ecosystem, as U.S. patent applications filed on or after November 29, 2000, are generally published 18 months after their earliest filing date under 35 U.S.C. § 122(b), becoming available as prior art against later-filed applications as of the publication date.^[1] In certain contexts, such as under 35 U.S.C. § 102(a)(2), the effective prior art date may trace back to the application's U.S. filing date, enhancing the reference's anticipatory power for subsequent examinations.^[1] This mechanism ensures that pending innovations contribute to the evolving body of public knowledge, informing examiners in ongoing reviews.^[1]

Role in Litigation

In patent litigation, prior art serves as a primary tool for challenging the validity of issued patents in post-grant disputes, allowing defendants to argue that claims are anticipated or rendered obvious by earlier disclosures. Under 35 U.S.C. § 282, which outlines defenses to patent infringement including invalidity, parties can assert that prior art anticipates a claim if it discloses all elements arranged as in the claim (35 U.S.C. § 102) or renders it obvious if the differences between the subject matter and prior art would have been obvious to a person of ordinary skill (35 U.S.C. § 103).^[29] These challenges commonly arise in declaratory judgment actions, where potential infringers seek a court ruling on non-infringement or invalidity, or through inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB), a post-grant review mechanism limited to patents and printed publications as prior art under 35 U.S.C. § 311(b).^[30] In IPRs, petitioners must demonstrate a reasonable likelihood of prevailing on at least one claim, focusing on anticipation or obviousness grounds supported by prior art combinations.^[30] The burden of proof for establishing invalidity based on prior art differs by forum. In U.S. district courts, challengers must prove invalidity by clear and convincing evidence, a heightened standard reaffirmed by the Supreme Court in Microsoft Corp. v. i4i Ltd. Partnership, which held that this presumption of validity applies even to prior art not considered by the U.S. Patent and Trademark Office (USPTO) during examination. In contrast, IPR proceedings require only a preponderance of the evidence, making them a strategically attractive venue for initial validity challenges before potential district court litigation.^[30] This lower threshold in IPRs has led to higher invalidation rates, with PTAB statistics showing around 70-75% of instituted IPRs resulting in at least some claims being canceled or disclaimed as of FY2024.^[31]^[32] A landmark case illustrating prior art's role in obviousness determinations is KSR International Co. v. Teleflex Inc. (2007), where the Supreme Court rejected the Federal Circuit's rigid "teaching, suggestion, or motivation" (TSM) test for combining prior art references, instead adopting a more flexible approach under 35 U.S.C. § 103. The Court held that obviousness can be established where a skilled artisan would find it obvious to combine known elements without explicit teachings, as in KSR's challenge to Teleflex's adjustable pedal patent using multiple prior art patents and utility.^[33] Strategies for introducing obscure prior art in litigation often involve expert testimony to authenticate non-patent literature, such as foreign theses or archived technical manuals, and demonstrating their public accessibility to meet the "printed publication" bar, as emphasized in PTAB and Federal Circuit decisions requiring diligent searches to uncover such references.^[34] If prior art successfully invalidates a patent, remedies include denial of injunctive relief and infringement damages, as the patent holder cannot enforce an invalid claim, potentially leading to dismissal of the suit or summary judgment for the defendant.^[35] Additionally, IPR estoppel under 35 U.S.C. § 315(e) bars petitioners from asserting in district court any invalidity ground raised or reasonably raisable in the IPR based on patents or printed publications, limiting subsequent litigation strategies and promoting efficiency in validity disputes. This estoppel effect stems from the prior PTAB examination, preventing re-litigation of the same prior art combinations already adjudicated.^[36]

Investigation Methods

Types of Prior Art Searches

Prior art searches are essential investigations conducted by patent applicants, examiners, or third parties to assess the novelty, validity, or commercial viability of an invention in relation to existing knowledge. These searches vary in purpose, scope, and timing, with applicants often performing them pre-filing to inform application strategies, examiners using them during official reviews, and third parties, such as litigants, employing them to challenge patents. The primary categories include novelty searches, validity searches, and clearance (freedom-to-operate) searches, each tailored to specific legal and business needs.^[37]^[38] Novelty searches, also known as patentability searches, are conducted before filing a patent application to determine if an invention is sufficiently unique and non-obvious compared to existing prior art. These pre-filing checks focus primarily on identifying exact or near-exact matches to the invention's claims, helping applicants refine claim language, assess patentability risks, and avoid pursuing unpatentable ideas. By emphasizing anticipation—where a single prior art reference discloses all elements of a claim—novelty searches guide inventors in strengthening their applications early in the process.^[39]^[40] Validity searches, often performed post-grant or in anticipation of litigation, aim to evaluate whether a granted patent's claims hold up against a broader array of prior art that might render them invalid. Unlike novelty searches, these investigations extend beyond exact matches to uncover combinations of references suggesting obviousness to a person skilled in the art, including non-patent literature such as scientific publications, product manuals, and public disclosures. Conducted by challengers in inter partes review proceedings or court cases, validity searches test the patent's enforceability and can lead to claim amendments or invalidation if prior art undermines the invention's novelty or non-obviousness.^[41]^[38] Clearance searches, commonly referred to as freedom-to-operate (FTO) searches, focus on identifying active patents and rights that could pose infringement risks when commercializing a product or process, rather than solely historical prior art. These searches prioritize currently enforceable intellectual property in the relevant technology field, helping companies assess licensing needs, design arounds, or potential litigation exposure before market entry. By examining claim scope and expiration dates, FTO searches support strategic decisions to mitigate legal and financial liabilities associated with operating in a crowded patent landscape.^[37]^[42] Regardless of type, prior art searches employ standardized methodologies to ensure thoroughness and efficiency, often combining keyword-based techniques with structured classification systems. Boolean operators—such as AND, OR, and NOT—are used to construct precise queries that combine terms, exclude irrelevant results, or broaden coverage, allowing searchers to refine hits iteratively based on initial findings. Classification codes from systems like the International Patent Classification (IPC) or Cooperative Patent Classification (CPC) further narrow searches by mapping inventions to predefined technological categories, enabling targeted retrieval of related documents. This iterative refinement process, where preliminary results inform subsequent queries, enhances accuracy while adapting to the evolving scope of the investigation. Professional searches incorporating these methods typically cost between $1,000 and $5,000, depending on complexity, duration, and expertise required.^[43]^[44]^[45]^[46]^[47]

Key Databases and Tools

Major databases for locating prior art include both free public resources and proprietary platforms, enabling searches across patents and non-patent literature (NPL). The United States Patent and Trademark Office (USPTO) provides Patent Public Search, a free web-based tool that replaced the older PATFT system in 2022 and offers access to over 11 million U.S. patents and applications with full-text search capabilities.^[48]^[49] The European Patent Office's (EPO) Espacenet database contains over 160 million patent documents worldwide (as of 2025), supporting multilingual searches and updated daily for timely access to global prior art.^[50]^[51] The World Intellectual Property Organization's (WIPO) PATENTSCOPE offers comprehensive coverage of over 125 million international patent documents, including PCT applications, with search options in multiple languages and updated daily for PCT applications and bibliographic data, with variations for national collections.^[52]^[53] Google Patents provides a user-friendly interface for searching patents from over 100 countries, integrating non-patent literature from Google Scholar and updated frequently, though not in real-time, making it accessible for preliminary prior art reviews.^[54] For non-patent literature, which constitutes a significant portion of prior art such as academic papers, conference proceedings, and web content, key resources include Google Scholar, an index of scholarly articles and theses with citation tracking for over 389 million documents (as of 2018 estimates; likely higher currently).^[55] IEEE Xplore serves as a primary database for engineering and technology literature, hosting over 6 million technical documents including journals and standards relevant to patent assessments. The Internet Archive's Wayback Machine captures historical web pages dating back to 1996, aiding in verifying the public availability of online prior art by providing timestamped snapshots. Advanced tools leverage AI for enhanced prior art discovery, particularly through semantic similarity searches that go beyond keyword matching. PatSnap, an AI-driven platform launched with significant updates post-2020, analyzes over 140 million patents and 200 million NPL items to identify relevant references using natural language processing.^[56] Clarivate's Derwent Innovation, enhanced with AI features including an AI-powered patent search solution introduced in December 2024, supports semantic searches across global patent and NPL databases to uncover nuanced prior art connections.^[57] Despite their utility, these databases have limitations, including significant coverage gaps in non-English language materials, with many databases providing translations but not comprehensive English access for all global patents (e.g., Asia accounts for ~69% of filings as of 2023).^[58] Pre-digital art, such as physical publications before widespread digitization in the 1990s, remains challenging to access due to incomplete archival scanning in online repositories. Update frequencies vary—daily for Espacenet and USPTO bulk data, daily for PATENTSCOPE's PCT collections—but lags in proprietary tools like Google Patents (every few weeks to months) can delay access to the most recent publications.^[50]^[59]^[52]^[60]

Participant Responsibilities

Duty of Disclosure Requirements

In the United States, patent applicants, inventors, attorneys, and other individuals associated with the filing and prosecution of a patent application are subject to a duty of candor and good faith toward the United States Patent and Trademark Office (USPTO), which includes the obligation to disclose to the USPTO all information known to be material to the patentability of the claimed invention.^[61] This duty, codified in 37 CFR 1.56, applies from the time a patent application is filed until a patent issues or the application is abandoned, and it encompasses any information that a reasonable examiner would consider important in deciding whether to allow the application to issue as a patent. Material information includes prior art references or other evidence that raises a substantial question of patentability, such as those that a reasonable examiner might overlook during a standard search.^[61] To fulfill this duty, applicants typically submit an Information Disclosure Statement (IDS) using forms specified under 37 CFR 1.97 and 1.98, which lists known patents, published patent applications, and non-patent literature relevant to the claims. The scope of materiality under 37 CFR 1.56 excludes information that is merely cumulative of other prior art already before the USPTO or being submitted, focusing instead on non-cumulative references that could establish a prima facie case of unpatentability or rebut the applicant's arguments.^[61] Additionally, the best mode requirement under 35 U.S.C. § 112(a) mandates that the specification disclose the best mode known to the inventor for practicing the invention at the time of filing; failure to disclose relevant prior knowledge that impacts this best mode can violate both the best mode provision and the broader duty of disclosure by concealing material information about the invention's implementation.^[62] Breach of the duty of disclosure may result in a finding of inequitable conduct, rendering the patent unenforceable. In Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit (en banc) established a heightened standard in 2011, requiring clear and convincing evidence of affirmative intent to deceive the USPTO and but-for materiality—meaning the withheld information must have been pivotal to the patent's allowance—while generally rejecting a balancing inquiry between materiality and intent. Internationally, analogous obligations exist but with varying emphasis; for example, under Rule 42(1)(b) of the European Patent Convention, the description of a European patent application must indicate the background art known to the applicant that is useful for understanding the invention and preferably cite relevant documents, though the European Patent Office places less reliance on applicant-conducted prior art searches compared to the USPTO's expectations.^[63] This approach integrates prior art disclosure primarily into the application's descriptive content rather than through separate submissions during examination.

Public Participation Mechanisms

Public participation in prior art processes allows individuals, organizations, or competitors outside the patent applicant to contribute relevant prior art, thereby enhancing the quality of patent examination and potentially preventing the granting of unduly broad or invalid patents. These mechanisms provide formal and informal avenues for third parties to submit evidence without direct involvement in the applicant's disclosure duties, fostering transparency in the intellectual property system. In the United States, third-party submissions under 35 U.S.C. § 122(e) enable any member of the public to present patents, printed publications, or other prior art to the United States Patent and Trademark Office (USPTO) during the pre-issuance examination phase. These submissions must include a concise description of the relevance of the cited art to the claimed invention and are permitted after the date on which the application is published under 35 U.S.C. § 122(b), but no later than the earlier of the date a notice of allowance under section 151 is mailed or the later of (i) six months after the publication date or (ii) the date of the first rejection of a claim under section 132.^[64] The USPTO reviews these submissions for compliance but does not guarantee their consideration if filed outside the window or lacking proper formatting. Post-grant challenges in the U.S. further extend public involvement through Inter Partes Review (IPR) and Post-Grant Review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). Under the America Invents Act, any third party can petition the PTAB within one year of the patent's issuance (or service of a complaint for infringement in district court, if applicable) for IPR (available for any issued patent) or within nine months for PGR (limited to patents with effective filing dates on or after March 16, 2013), presenting prior art such as patents or printed publications to challenge the patent's validity on grounds like novelty or obviousness.^[65] These proceedings allow detailed evidence submission, including expert declarations, and result in a final written decision that can cancel or confirm claims, with public access to the records promoting accountability. As of October 2025, the USPTO Director personally determines whether to institute IPR and PGR proceedings. Proposed rules issued on October 16, 2025, would bar IPR institution in cases of repeated petitions against the same claims or parallel proceedings in other forums, with public comments due November 17, 2025.^[66]^[67] Internationally, the European Patent Office (EPO) facilitates public input via opposition proceedings, where any person—excluding the patent proprietor—can file an opposition within nine months after the grant of a European patent, citing prior art to argue against novelty or inventive step. Oppositions are examined in writing or orally, with the EPO's Opposition Division issuing a decision that may revoke, maintain, or amend the patent, and all documents are publicly available to encourage broad participation. The World Intellectual Property Organization (WIPO) supports collaborative prior art input through its Global Dossier initiative, which integrates patent data from participating intellectual property offices into a unified platform accessible via the Patent Cooperation Treaty (PCT) system. This allows global users to view and reference prior art documents from multiple jurisdictions, facilitating informal contributions and comments that can inform national examinations or oppositions without a formal submission process. Recent developments have introduced crowdsourced platforms to democratize prior art discovery, such as Ask Patents, launched in 2012 as a beta site by Microsoft and the USPTO in collaboration with Stack Exchange. This online forum enables community members to suggest prior art for specific patent applications listed by the USPTO, with submissions potentially forwarded to examiners; it has facilitated hundreds of prior art references since inception, highlighting the role of open collaboration in patent scrutiny.

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2141-Examination Guidelines for Determining Obviousness Under ...
The Graham factors were reaffirmed and relied upon by the Supreme Court in its consideration and determination of obviousness in the fact situation presented ...
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Can PQAI Save Inventors From Failing At The Patent Office?
46.95% of rejections were because the invention was found obvious due to a combination of two or more prior arts (103 Type). Note: Stats are based on the ...
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35 U.S. Code § 282 - Presumption of validity; defenses
The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity. (b) Defenses.—The following shall be ...<|separator|>
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Inter Partes Review - USPTO
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Mar 29, 2022 · To support an invalidity defense, attorneys go hunting for "prior art" that discloses the alleged invention. Attorneys themselves, as well as ...
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Estoppel Applies if Prior Art Could Be Found; Patent Owner Must ...
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Patent Search: What are differences between Novelty, Validity and ...
Novelty searches check if an invention is unique, FTO searches check for infringement, and validity searches check the validity of a granted patent's claims.
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4 Types of Patent Searches Explained - GreyB
The four types of patent search are Patentability Search, Freedom to Operate Search, Patent Invalidity Search, and State of the Art Search.
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Understanding the differences between patentability (novelty) and ...
Apr 9, 2018 · A patentability search is carried out to answer the question of whether a new invention is unique over what already exists in the prior art.
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Everything You Need to Know About the 4 Types of Patent Searches
A patentability search, also known as a novelty search, is performed prior to filing a patent application to ensure that the invention is novel. This search is ...
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Prior Art Searches | Patent Search | Engineering and Legal Expertise
A pre-filing prior art search helps determine the patentable scope of an invention. Invalidity prior art searches can invalidate asserted patents.
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Types of patent searches: Prior art and freedom to operate - Novagraaf
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Understanding Patentability Searches: Importance, Process, and ...
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Mastering Patent Search: Strategies and Tools for Effective Results
Dec 8, 2023 · Conducting a patent search involves utilizing various strategies and tools, including Boolean operators, classification codes, and specific ...
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Patent Search Types & Prices - Validity Search
Validity/Invalidity Search: Tests the strength of a patent by comparing its claims against prior art and active patents. $1,900-$10,000. Accelerated ...<|control11|><|separator|>
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Patent Public Search - USPTO
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Espacenet - patent search | epo.org
Espacenet is accessible to beginners and experts and is updated daily. It contains data on more than 150 million patent documents from around the world.
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National Collections - Data Coverage - WIPO Patentscope
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Google Patents
Search and read the full text of patents from around the world with Google Patents, and find prior art in our index of non-patent literature.
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Patsnap delivers AI-driven patent search, patent drafting, monitoring & IP analytics. Accelerate R&D productivity 75% faster with 2B+ expert data.Contact us · Analytics & IP Intelligence · Patsnap Pricing Plans · CareersMissing: prior art Clarivate post- 2020
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How to Search Foreign Language Prior Art in English - PatentScan
Jul 3, 2025 · This article explores why multilingual prior art search matters, how foreign documents are handled by patent offices, and the strengths and ...
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Open Data Portal - USPTO
This data is refreshed daily. Explore Patent File Wrapper API. Bulk Data API. Conduct searches and pull information from the repository of raw public bulk data.Search · Explore Patent File Wrapper · Explore Patent File Wrapper API · Sign in
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How to Use Google Patents: The Complete Guide to Innovation and ...
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2001-Duty of Disclosure, Candor, and Good Faith - USPTO
All individuals covered by 37 CFR 1.56 (reproduced in MPEP § 2001.01) have a duty to disclose to the U.S. Patent and Trademark Office all material information ...
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2165-The Best Mode Requirement - USPTO
The best mode requirement requires the specification to disclose the best way to carry out the invention, as the inventor knew it at filing, and that it is ...Missing: undisclosed | Show results with:undisclosed
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Rule 42 – Content of the description - European Patent Office
The description shall: (a) specify the technical field to which the invention relates; (b) indicate the background art which, as far as is known to the ...