Prior art includes patents, published patent applications, academic papers, conference presentations, products on the market, public demonstrations, and any other public disclosure of the invention or something similar. It is not limited to written documents — oral presentations, public use, or even sales can constitute prior art in certain jurisdictions. Patent examiners conduct prior art searches to determine whether an invention is truly novel and non-obvious. If substantially similar prior art is found, the patent application will be rejected. Competitors can also use prior art to challenge granted patents through proceedings like inter partes review in the US or opposition at the European Patent Office. The date of prior art is critical. Under first-to-file systems (used by most countries), prior art is anything publicly available before the filing date. Under the older first-to-invent system (formerly used in the US), the analysis was more complex, considering the actual date of invention.
Why It Matters
Prior art is the foundation of the patent system. It determines whether an invention is patentable and can be used both defensively (to prevent competitors from patenting your innovations) and offensively (to invalidate competitors' patents). Establishing your own prior art through documented disclosure is a powerful and cost-effective IP strategy, especially for innovations you choose not to patent.
How This Connects to IP Protection
immut creates irrefutable, blockchain-timestamped evidence of when your work existed. This is invaluable for establishing prior art — you can prove that your invention, design, or innovation was documented before a competitor's patent filing date. Unlike lab notebooks or emails, blockchain timestamps are independently verifiable and tamper-proof, making them strong evidence in patent disputes.
Common Mistakes to Avoid
Prior art must be a patent or published paper: Prior art can be almost anything that was publicly available — blog posts, product manuals, conference slides, YouTube videos, social media posts, or even products sold to customers. The key requirement is public accessibility, not the format.
Prior art must be in the same country: Under modern patent law, prior art is global. A disclosure in Japan can prevent a patent in the United States. Patent examiners search worldwide databases and publications.
Your own work cannot be prior art: Your own prior publications, products, or disclosures can absolutely be used as prior art against your own patent application. This is why timing and strategic disclosure management are critical for inventors.
Frequently Asked Questions
How do you prove something is prior art?
You need to demonstrate that the information was publicly available before the relevant patent filing date. This can be done with dated publications, archived web pages, timestamped documents, blockchain records, or testimony about public demonstrations. The stronger and more independently verifiable the evidence, the better.
Can prior art invalidate an existing patent?
Yes. If prior art that the patent examiner missed is discovered, it can be used to challenge and potentially invalidate an existing patent through post-grant proceedings such as inter partes review (US), opposition (EPO), or court litigation.
What is a prior art search and who should do one?
A prior art search is a systematic investigation of existing patents, publications, and public disclosures related to an invention. Anyone considering filing a patent should conduct one to assess patentability. It is also essential before launching products to identify potential infringement risks.
Protect Your Intellectual Property Today
Whether you are navigating prior art or building a broader IP strategy, immut gives you instant blockchain-verified proof of your innovations — no lawyers, no delays.