Prior art is any evidence that an invention is already known. Prior Art includes any public document, for example published patents, technical publications such as journal articles, conference papers, newspaper articles, websites, available products, marketing information, traditional knowledge (oral or written) and the like. Any evidence that the invention in some format has been described or made something that contains a use of technology that is very similar to the invention can be termed as prior art. Also, documents after the filing date is not considered as prior art. Also, any evidence presented as prior art should be such that a person with average skills in the art is able to perform the invention as described. For eg. a mythological/fictional story describing a device which can help humans to fly cannot be considered as prior art but a technical description of an airplane or like device will be considered.
What can be Prior Art ?
- Publications
- Products
- Non-disclosure agreements
- Oral disclosures
PUBLICATIONS
The publication that is in any form and in any language. The language, number of copies, audience, and geographic location are irrelevant. The only determining factor is whether such document was available to the public before the priority date or the date of first filing. Any publication, in any form or medium, in principle qualifies as prior art includes patents and scientific publications, textbooks, newspapers, lectures, demonstrations and exhibitions and any other disclosure.
PRODUCTS
Products that utilizes any feature applied in a patent application, then the product becomes a prior art for the invention. It is very difficult to prove whether a product entails feature(s) in the existing product, hence, reverse engineering techniques are used. Further, to prove the date of use evidences such as purchase orders, or customer receipts, may be furnished. All such evidences establish that the product is not only for personal use or research purposes where the public did not have any access.
NON-DISCLOSURE AGREEMENTS
There are times when inventors disclose their ideas to potential investor(s) for commercialising or establishing proof of concept, before filing a provisional specification. Such disclosure(s) can destroy the novelty of an invention; and it is advisable to get into an appropriate non disclosure agreement (NDA). The inventor should make sure that he explicitly mentions that his disclosure is confidential.
ORAL DISCLOSURES
Oral disclosures,will considered as prior art, that includes lectures or non-confidential discussions between inventor and third party. Therefore, transcripts and recordings should be maintained in all matters.