Prior art is a concept in patent law that refers to all information of an invention that is publicly available. Prior art is crucial in patent examination as it helps patent examiners determine whether an invention meets the novelty and nonobviousness requirements for patentability. If the prior art includes a description of the supposed invention, it usually cannot be deemed novel. Furthermore, if the prior art contains enough information that the invention would have been obvious to an individual with ordinary skill in the relevant field, a patent cannot be issued. See 35 U.S.C. §§ 102(a), 103(a).
[Last updated in March of 2024 by the Wex Definitions Team]