What is "Prior Art"?

Prior art is considered by the Patent and Trademark Office (PTO) in determining patentability, and by courts in patent litigation concerning the validity of the patent.  Examples of "prior art" include any of the following items:

            1. any product that was publicly known or used by others in the United States before the patented invention was made;

            2. other patents that issued more than one year before the filing date of the patent, or before the invention was made;

            3. publications having a date more than one year before the filing date of the patent, or before the invention was made;

            4. any product that was in public use or on sale in the United States more than one year before the patent was filed; and

            5. any product that was made by anyone before the named inventors created the patented product where the product was not abandoned, suppressed, or concealed.

Schwartz Law Firm, P.C. regularly represents and counsels corporations, business owners, entrepreneurs, and inventors in matters relating to patentability of inventions, and validity of issued patents.

Schwartz Law Firm is based in Charlotte, North Carolina with clients throughout the United States and internationally. Its founder and owner, Jeff Schwartz, has prepared, filed, and prosecuted more than 500 patent applications in a broad range of technologies including Internet applications, computer software, medical devices and processes, mechanical devices, and innovative business methods. Jeff is a registered patent attorney, and has been selected by his peers as one of North Carolina's leading intellectual property lawyers, according to separate surveys taken by Law & Politics and Business North Carolina magazine.

For more information regarding patentability and patent validity, please contact Schwartz Law Firm to schedule a consultation.