Prior Art simply means that the invention already exists. It does not mean that the invention is being manufactured and sold. It only refers to the invention being shown, made, or described by someone somewhere at some point.
Things that can be prior art include but are not limited to:
- Technology
- Paintings
- Prototypes
- Written ideas
The most obvious form of prior art is, of course, an existing product. However, because there are many variations of what can be considered prior art, inventors tend to believe that their ideas are novel, even though the technology or the idea of it exists somewhere. This is why it is important to hire a Private Investigator to conduct a prior art investigation.
Many inventions never make it to production, yet the physical representation of the idea is enough to classify it as prior art.
The best place to begin the search would be the Worldwide Patent System. There are roughly 90 million documents indexed in the database from all over the world.
While searching for prior art, it is also important to look into competing art. These refer to ideas that are nothing like yours, however, they perform the same function. Competing art during such an investigation is important because most inventions are aimed at solving a problem. But, there is usually more than one way to solve a problem. By including this search, the other solutions are found and they may have more benefits than what the client is looking to bring to market. Also, it serves as a form of market research. Should you eventually get your idea on the market, understanding the competition can help you develop your marketing strategy.
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome. Individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an attorney to understand current laws and how they may affect a case.