What do “state of the art” and “prior art” mean in US patent law?

The terms "state of the art" and "prior art" are closely related and translate to "state of the art" in German. This article will provide an overview of prior art in US patent law and also discuss the differences between the two terms. In the context of US patent law, the term "prior art" refers to the knowledge already available in a particular technical field at the time of the application or invention. It includes all publicly available information that could potentially affect the novelty or inventive step (non-obviousness) of a patent application. The prior art is used to assess whether an invention claimed in a patent application is new and inventive compared to previously known knowledge. 

What is state of the art?

The state of the art consists of:

• Prior Art: All publicly available information prior to the relevant filing date.
• Disclosed patents and patent applications: U.S. and international patents or applications published before the filing date.
• Scientific and technical publications: Journal articles, scientific papers, and technical reports.
• Obvious use or sale: If an invention has been publicly used, demonstrated or sold before the filing date, this may also be considered prior art.
• Internet sources and media: Online publications, websites or other public digital disclosures.
• Oral revelations and conferences: Lectures or presentations in public forums.

State of the art in US patent law: Important legal basise

Prior Art under 35 USC § 102

An invention is not patentable, If you:

• Described in a printed publication or used publicly before the filing date.
• Is described in another U.S. patent or published U.S. patent application filed before the filing date of the applicant's patent application.

1-year grace period: Under US law, inventors a period of one year after a public disclosure to file a patent application.

Inventive step according to 35 USC § 103

Even if an invention new is, she can still not patentable be if they choose a specialist in an obvious way from the state of the art.
In this context, the examiner examines whether the invention an unexpected or inventive step beyond what was already known.

“State of the Art” vs. “Prior Art” 

Although the terms are related, they are legally different:

• State-of-the-art: Generally refers to the existing knowledge and technical possibilities in a specialist field – including known procedures, equipment and specialist knowledge.
• Prior Art: Includes only public disclosures before the filing datethat affect the novelty or protectability of a patent restrict or exclude can.

The prior art in U.S. patent law represents the public knowledge in a particular technical field at the time of filing. It plays a central role in assessing the novelty and non-obviousness of a claimed invention and is crucial for determining whether a patent can be granted.