What constitutes prior art for international patent searches?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.

Tags: international patent search, PCT, prior art, public availability, written disclosure