IPNITE PATENT GUIDE
What Is Prior Art?
Prior art is everything made available to the public before your filing date that may be relevant to whether your invention is new and inventive.
IPniteWhat counts as prior art
Prior art is not limited to patents. It includes published applications, scientific papers, theses, books, websites, videos, product manuals, products on sale, and public talks—anywhere in the world and in any language.
The date is what matters
Prior art is measured against your effective filing date, or your priority date if you claim one. That is why filing early matters: every day before filing, new disclosures can appear, including your own. Grace periods, such as one year in the United States, Argentina, Brazil, and Mexico for the inventor's own disclosures, are limited and not recognized everywhere.
How prior art is used
Examiners use prior art to decide novelty—whether a single document already discloses every feature of a claim—and inventive step, whether the claimed solution would have been obvious to a skilled person in light of one or more documents.
Why search before drafting
Knowing the closest prior art lets you claim what is truly new, describe your advantages convincingly, and avoid spending on an application that cannot succeed.
Frequently asked questions
Is my own publication prior art?
It can be. Outside the grace periods of specific countries, your own paper, talk, or product launch before filing can be used against your application.
Do secret documents count?
Generally no, because prior art must be available to the public. However, earlier-filed applications published later can count against you in many systems.
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