GLOSSARY

What is Prior Art?

Understanding prior art—what qualifies, why it matters for patent validity, and how AI is improving prior art search.

Definition

Prior art is any evidence that an invention was already known before a patent application was filed. This includes patents, published papers, products, public demonstrations, or any other public disclosure that occurred before the filing date.

What Qualifies as Prior Art

Prior art can include:

  • Patents and patent applications from any country
  • Scientific and technical publications
  • Conference presentations and proceedings
  • Products available for sale (even if not documented)
  • Public demonstrations and trade show displays
  • Websites and online publications
  • Standards specifications

Why Prior Art Matters

Prior art is central to patent law because:

  1. Patentability: An invention must be novel and non-obvious over prior art to be patentable
  2. Validity challenges: Prior art can be used to invalidate granted patents
  3. Prosecution: Patent examiners search prior art to decide whether to grant patents
  4. Litigation: Prior art is a key defense in patent infringement cases

The Challenge of Prior Art Search

Finding all relevant prior art is difficult because:

  • Different inventors use different terminology for the same concept
  • Relevant art may exist in non-patent literature
  • The volume of publications is enormous and growing
  • Relevant art may be in different languages

How AI Improves Prior Art Search

AI-powered prior art search addresses these challenges by understanding the semantic meaning of inventions, not just matching keywords. This finds relevant references that traditional search would miss.

Frequently Asked Questions

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