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Answer: prior art

What is prior artAnything public before a patent’s filing date that may show an invention is not new

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Short answer

Prior art is any evidence that an idea was already public before a patent application’s filing or priority date, such as earlier patents, publications, products or talks. It can be used to challenge whether an invention is new or obvious. Rules differ by country, so ask a patent attorney.

What counts

Prior art can be a granted patent, a journal article, a web page, a conference talk, a product on sale or another public disclosure. What counts, and how much is excluded for your own early disclosures, varies by country. In many places, your own public disclosure before filing can damage your claim, so check before you share. See the glossary entry.

Searching for prior art before filing is common practice, and a patent attorney can advise. Dating also matters: evidence needs a reliable date to show something was public by then.

Dated records of your own work

A dated record can help show what you had and when. A TimeBind records a SHA-256 fingerprint of the exact file and a time, anchored to Bitcoin. The fingerprint is made in your browser and the file is not uploaded. See how to prove an invention date.

A TimeBind is not a patent, does not make something public or novel and is not legal advice. Whether a record counts as prior art or evidence of invention is for a patent attorney and the relevant office.

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Frequently asked questions

Is prior art always a patent?

No. It can be any public disclosure, including articles, products and talks.

Can my own early disclosure be prior art?

In many countries, yes, unless a grace period applies. Rules differ, so ask a patent attorney before sharing.

Does a timestamp create prior art?

A timestamp shows a file existed by a time. It does not make the content public, and it does not itself count as a public disclosure.

How do I search for prior art?

Patent office databases and general search are common starting points. A patent attorney or professional searcher can help.

Sources

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