Prior Art is everything that is conducted before filing the applicant for a patent protection, by means of oral or written description. Two major requirement to understand whether the invention is patentable or not- novelty and non-obviousness. Thus, prior art search can help the applicant save time, money and effort for drafting. It can also help in focusing the specification so the applicant can identify the risk that may come in future, thus reducing the chance to get into litigation.
It arises when someone has filed a patent application that was eventually published or issued as a patent. However it does not include-
- Publication with least detail
- Trade secret
- Confidential disclosure