What Counts as Prior Art for a US Patent?

Prior art is information or activity that the law treats as relevant when assessing an invention's patentability. It can include patent documents, publications, public uses, sales activity and other disclosures, depending on timing and legal rules.

Can nonpatent sources count?

Yes. Technical papers, manuals, videos, websites and publicly accessible product information may matter. Some earlier-filed patent applications can also become relevant even if they were not public when you filed.

Does your own disclosure count?

It can. US law provides limited exceptions for certain inventor-originated disclosures, but the conditions are specific and foreign rules may be less forgiving. Filing before disclosure is generally safer.

How do novelty and obviousness differ?

Novelty generally asks whether a qualifying reference discloses the claimed invention. Obviousness asks whether the claimed differences would have been obvious to a skilled person, potentially considering multiple references.

Record publication evidence and compare concrete technical features. A different product name or a different market does not necessarily distinguish the underlying invention.

GetQuickPatent helps organize your technical disclosure into a provisional draft. Discuss significant prior art with a patent professional and follow applicable disclosure duties during prosecution.