What is the definition of “prior art” in patent law?
The term “prior art” in patent law refers to all information that has been made available to the public before a given date that might be relevant to a patent’s claims of originality. This includes existing patents, published patent applications, and other publicly available documents or information.
While the MPEP 901 doesn’t provide a direct definition, it references other sections that discuss prior art in detail. Specifically, it states:
“Note 37 CFR 1.104(a)(1) in MPEP § 707. See also MPEP § 2121 – § 2129.“
These referenced sections provide comprehensive information on what constitutes prior art and how it’s applied in patent examination.
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