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Prior
art (also known as state of the art, which also has other meanings, or
background art[1]), in most systems of patent law,[2] constitutes all
information that has been made available to the public in any form
before a given date that might be relevant to a patent's claims of
originality. If an invention has been described in prior art, a patent
on that invention is not valid.
Information
kept secret, for instance, as a trade secret, is not usually prior art,
provided that employees and others with access to the information are
under a non-disclosure obligation. With such an obligation, the
information will typically not be regarded as prior art. Therefore, a
patent may be granted on an invention, although someone else already
knew of the invention. A person who used an invention in secret may in
some jurisdictions be able to claim "prior user rights" and thereby gain
the right to continue using the invention. As a special exception,
earlier-filed and unpublished patent applications do qualify as prior
art as of their filing date in certain circumstances.
In
order to anticipate a claim, prior art is generally expected to provide
a description sufficient to inform an average worker in the field (or
the person skilled in the art) of some subject matter falling within the
scope of the claim. Prior art must be available in some way to the
public, and in many countries, the information needs to be recorded in a
fixed form somehow. Prior art generally does not include unpublished
work or mere conversations (though according to the European Patent
Convention, oral disclosures also form prior art—see Article 54(2) EPC).
It is disputed whether traditional knowledge (e.g., of medical
properties of a certain plant) constitutes prior art.
Patents
disclose to society how an invention is practiced, in return for the
right (during a limited term) to exclude others from manufacturing,
selling, offering for sale or using the patented invention without the
patentee's permission. Patent offices deal with prior art searches in
the context of the patent granting procedure. To assess the validity of a
patent application, patent offices explore the prior art that was
disclosed before the invention occurred (in the United States) or before
the filing date (in the rest of the world).
Funny Photo Maker Online
Funny Photo Maker Online
Funny Photo Maker Online
Funny Photo Maker Online
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