Prior Art Analysis — Explained

Prior Art is any proof that your invention is as of now known or has been established with the authorities.

In reality, prior art doesn’t have to exist physically or be commercially accessible. It is sufficient that somebody, someplace, at some point beforehand has portrayed or shown or made something that contains utilization of innovation that is basically the same as your invention.

An ancient cavern painting can be considered as prior art. A piece of innovation that is extremely old can be prior art. A formerly portrayed thought or idea that couldn’t really work can be prior art. Anything can be prior art.

A current item or product is the clearest type of prior art. This can lead numerous inventors to commit a typical error: since they can’t find an item containing their own creation that is made available to be purchased in any shop, they expect that their invention must be novel in nature.

The fact of the matter is totally different. Numerous inventions never become products or items, yet there might be some proof of them in some place. That proof — in whatsoever form it might be — will be considered as prior art.

Extensively a prior art search and analysis is considered for the accompanying reasons, viz.,

(1) Specialized/R&D advantage

• To guarantee that one isn’t wasting time on reinventing history.
• To identify possible answers for a specialized issue or a technical problem.
• Can furnish ideas & thoughts on additional upgrades.

(2) Legal benefit

• To guarantee that the invention is patentable & has a possibility of it cruising through the patent office’s interaction.
• To guarantee that the invention is liberated from any IPR and other legitimate issues.
• Know when to battle and when to give up on the off chance that a competitor asserts a patent against you.

(3) Business Advantage

• To be aware and track what competitors are doing, to grasp the advertising & marketing techniques of our competitors.
• Monitor potential threats and opportunities.
• Anticipating futuristic modern industrial developments.
• Observing general innovative developments.
• To recognize which nations or organizations are active in different fields.

What doesn’t qualify as prior art?

Data that turns out to be openly or freely accessible to the general public solely after your application’s filing date for the most part doesn’t qualify as prior art. Essentially, patent applications documented after yours for the most part don’t qualify as prior art.

Here are a few other remarkable exemptions for what doesn’t qualify as prior art.

1. Deserted, Abandoned, Secret Patent Applications

Under conditions, deserted patent applications might stay classified, excluding them as prior art.

2. Trade Secrets or Proprietary Innovations

As trade secrets are classified & are confidential essentially, they can’t be utilized as proof of prior art.

3. Secret & Confidential Disclosures

At the point when data or information is shared with outsiders under a commitment of secrecy, the disclosure doesn’t consider prior art against your patent application. The most effective way to guarantee that disclosure will be thought of as private or confidential is to have all parties sign a non-disclosure agreement (NDA).

Hence, to understand what has been developed or invented prior to starting your R&D & spending money for it, one is required to conduct a prior art search to recognize all current comparable innovations or technological developments.

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