Definition
Prior art is the body of publicly available information, including earlier patents, publications, products, and public uses, that existed before a patent’s filing date and is used to judge novelty and obviousness.
Why It Matters Legally
Prior art is the single biggest threat to a patent. If an examiner or challenger finds prior art that discloses the invention, claims can be rejected or invalidated. Searching prior art before filing helps avoid wasting money on an unpatentable idea.
Example Use Case
During examination, a USPTO examiner finds an earlier published patent describing the same circuit and rejects the application because the invention is not new.
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Related Terms
Novelty, Non-Obviousness, Patent Search, Anticipation, Patentability