The Significance of Prior Art in Obtaining an Invention Patent
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The Significance of Prior Art in Obtaining an Invention Patent
The most common reason why a patent is denied or invalidated is because it is not found to be novel due to prior art.
Any document from any source can be used as prior art regardless of how widely published it was or in what language. The only thing that matters in patent law is that the document was available to the public before your patent filing date.
More likely than finding prior art that exactly discloses the same invention is the likelihood that something similar will be found. If the differences between the prior art and the invention seeking patenting are negligible enough as to render the newer invention obvious, a patent will be denied.
This underscores the importance of conducting a thorough and skilled patent search that includes prior art prior to any application.
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| Sherril Steele-Carlin |
