How does the USPTO define ‘prior art’ for patent examination?
How does the USPTO define ‘prior art’ for patent examination?
The USPTO defines ‘prior art’ as any evidence that the invention in question was already known before the effective filing date of the patent application. According to MPEP 706.02, prior art includes:
- Patents and printed publications
- Public use or sale
- Other public disclosures
The MPEP states: ‘Prior art must be available to the public before the effective filing date of the claimed invention.’ This means that any information that was publicly accessible before the filing date of the patent application can potentially be used as prior art to reject the claims.
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