What constitutes prior art for international patent searches?
According to MPEP 1843.01, prior art for international patent searches consists of:
- Everything made available to the public worldwide by written disclosure (including drawings and illustrations)
- Content capable of assisting in determining if the claimed invention is new or involves an inventive step
- Disclosures made available to the public prior to the international filing date
As stated in the MPEP: “‘Prior art’ consists of everything which has been made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations);” This includes documents published on the internet or in online databases.
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