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Prior art

Index Prior art

Prior art (state of the art or background art), in most systems of patent law, is constituted by all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. [1]

53 relations: Australia, Cooperative Patent Classification, Crowdsourcing, Deception, Defensive publication, Espacenet, European Patent Convention, European Patent Office, European Patent Organisation, Google, Google Patents, Google Scholar, Graham v. John Deere Co., Illegal number, Illegal prime, Inequitable conduct, Information, Information disclosure statement, Intention, Internet, Internet as a source of prior art, Invention, Inventive step and non-obviousness, Japan, Leahy-Smith America Invents Act, Manual of Patent Examining Procedure, Materiality (law), Medicine, MicroPatent, Non-binding opinion (United Kingdom patent law), Patent, Patent application, Patent attorney, Patent claim, Patent classification, Patent examiner, Patent infringement, Patent watch, Person having ordinary skill in the art, Priority right, Public participation in patent examination, Scientific literature, Search report, Thomas Edison, Trade secret, Traditional knowledge, United States Patent and Trademark Office, United States patent law, Utility model, Wayback Machine, ..., Wiki, Wikipedia, World Intellectual Property Organization. Expand index (3 more) »

Australia

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands.

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Cooperative Patent Classification

The Cooperative Patent Classification (CPC) is a patent classification system, which has been jointly developed by the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO).

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Crowdsourcing

Crowdsourcing is a sourcing model in which individuals or organizations obtain goods and services.

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Deception

Deception is the act of propagating a belief that is not true, or is not the whole truth (as in half-truths or omission).

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Defensive publication

A defensive publication, or defensive disclosure, is an intellectual property strategy used to prevent another party from obtaining a patent on a product, apparatus or method for instance.

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Espacenet

Espacenet (formerly often written as esp@cenet) is a free online service for searching patents and patent applications.

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European Patent Convention

The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.

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European Patent Office

The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council.

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European Patent Organisation

The European Patent Organisation (sometimes abbreviated EPOrg in order to distinguish it from the European Patent Office, one of the two organs of the organisation) is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973.

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Google

Google LLC is an American multinational technology company that specializes in Internet-related services and products, which include online advertising technologies, search engine, cloud computing, software, and hardware.

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Google Patents

Google Patents is a search engine from Google that indexes more than 87 million patents and patent applications with full text from 17 patent offices, including.

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Google Scholar

Google Scholar is a freely accessible web search engine that indexes the full text or metadata of scholarly literature across an array of publishing formats and disciplines.

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Graham v. John Deere Co.

Graham v. John Deere Co., 383 U.S. 1 (1966), was a case in which the United States Supreme Court clarified the nonobviousness requirement in United States patent law, set forth in 35 U.S.C. § 103.

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Illegal number

An illegal number is a number that represents information which is illegal to possess, utter, propagate, or otherwise transmit in some legal jurisdiction.

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Illegal prime

An illegal prime is a prime number that represents information whose possession or distribution is forbidden in some legal jurisdictions.

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Inequitable conduct

In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings.

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Information

Information is any entity or form that provides the answer to a question of some kind or resolves uncertainty.

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Information disclosure statement

An information disclosure statement (often abbreviated as IDS) refers to a submission of relevant background art or information to the United States Patent and Trademark Office (USPTO) by an applicant for a patent during the patent prosecution process.

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Intention

Intention is a mental state that represents a commitment to carrying out an action or actions in the future.

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Internet

The Internet is the global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to link devices worldwide.

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Internet as a source of prior art

In the context of patent law, using the Internet as a source of prior art when assessing whether an invention is novel and inventive (two conditions for patentability), may be problematic if it is difficult to ascertain precisely when information on websites became available to the public.

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Invention

An invention is a unique or novel device, method, composition or process.

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Inventive step and non-obviousness

The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented.

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Japan

Japan (日本; Nippon or Nihon; formally 日本国 or Nihon-koku, lit. "State of Japan") is a sovereign island country in East Asia.

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Leahy-Smith America Invents Act

The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011.

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Manual of Patent Examining Procedure

The Manual of Patent Examining Procedure (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners.

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Materiality (law)

Materiality is a legal term that has different meanings, depending on context.

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Medicine

Medicine is the science and practice of the diagnosis, treatment, and prevention of disease.

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MicroPatent

Micropatent is a subsidiary of the Thomson Corporation (now Thomson Reuters).

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Non-binding opinion (United Kingdom patent law)

In United Kingdom patent law, a non-binding opinion is a statutory right under sections 74A and 74B of the Patents Act 1977, which allows for any member of the public to make an enquiry into the validity or infringement of a patent and provide for review of such opinions.

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Patent

A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.

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Patent application

A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application.

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Patent attorney

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition.

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Patent claim

In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.

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Patent classification

A patent classification is a system for examiners of patent offices or other people to categorize (code) documents, such as published patent applications, according to the technical features of their content.

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Patent examiner

A patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office.

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Patent infringement

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder.

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Patent watch

In patent law, a patent watch is a process for monitoring newly issued patents, as well as possibly pending patent applications, to assess whether any of these patent rights might be of interest or might be annoying.

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Person having ordinary skill in the art

A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world.

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Priority right

In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively.

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Public participation in patent examination

The involvement of the public in patent examination is used in some forms to help identifying relevant prior art and, more generally, to help assessing whether patent applications and inventions meet the requirements of patent law, such as novelty, inventive step or non-obviousness, and sufficiency of disclosure.

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Scientific literature

Scientific literature comprises scholarly publications that report original empirical and theoretical work in the natural and social sciences, and within an academic field, often abbreviated as the literature.

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Search report

In patent law, a search report is a report established by a patent office, which mentions documents which may be taken into consideration in deciding whether the invention to which a patent application relates is patentable.

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Thomas Edison

Thomas Alva Edison (February 11, 1847October 18, 1931) was an American inventor and businessman, who has been described as America's greatest inventor.

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Trade secret

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers.

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Traditional knowledge

The terms traditional knowledge, indigenous knowledge and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

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United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

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United States patent law

Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious.

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Utility model

A utility model is a patent-like intellectual property right to protect inventions.

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Wayback Machine

The Wayback Machine is a digital archive of the World Wide Web and other information on the Internet.

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Wiki

A wiki is a website on which users collaboratively modify content and structure directly from the web browser.

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Wikipedia

Wikipedia is a multilingual, web-based, free encyclopedia that is based on a model of openly editable content.

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World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).

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Background (art), Background art, Hilmer doctrine, Novelty search, Patent research, Patent search, Patentability searching, Prior Art, Prior art (patent), Prior art search, Priorart, Searching for prior art, State-of-the-art search.

References

[1] https://en.wikipedia.org/wiki/Prior_art

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