What Is "State of the Art" for a Patent in the US?

In the context of US patent law, "state of the art" refers to the existing body of knowledge in a particular field at the time of filing or invention. It encompasses all publicly available information that could potentially impact the novelty or non-obviousness of a patent application. The state of the art is used to determine whether an invention is new and inventive compared to what is already known. 

What Is Included in the State of the Art?

The state of the art consists of:

• Prior Art: Any publicly available information before the effective filing date of the patent application.
• Published Patents and Patent Applications:US and international patents or applications published before the filing date.
• Scientific and Technical Publications:Journal articles, research papers, and technical reports.
• Public Use or Sale:If the invention was publicly used, demonstrated, or sold before the filing date, it may become part of the state of the art.
• Internet Disclosures and Media:Online publications, websites, or other public disclosures.
• Oral Disclosures and Conferences:Presentations or lectures given in public forums.

State of the Art in US Patent Law: Key LegalConcepts

Prior Art under 35 USC § 102

An invention cannot be patentedif it was:

• Described in a printed publication or in public use before the filing date..
• Patented or described in another patent application filed before the applicant's filing date.

Grace period:Under US patent law, inventors have a one-year grace period from public disclosure to file a patent application.

Non-Obviousness under 35 U.S.C. § 103

Even if an invention is novel, new it may still be unpatentable patented based on the state of the art..
Examiners assess whether the invention represents an unexpected or inventive step beyond the prior art.

“State of the Art” vs. “Prior Art” 

While the two terms are related, they have different legal implications:

• State-of-the-art:Refers to the general level of knowledge and technology in a field, including prior art and common knowledge.
• Prior Art: Includes only public disclosures before the filing datethat affect the novelty or protectability of a patent restrict or exclude can.

Key Takeaway: The state of the art in US patent law represents the existing public knowledge in a particular field at the time of filing. It plays a crucial role in assessing the novelty and non-obviousness of an invention, helping determine whether a patent can be granted.