An invention is patentable if it has not yet been published anywhere in the world, and therefore is not “state of the art”.

Prior Art is everything that has been made public before the filing date of the patent. It can be disclose to the public by written or oral description or by any other way.

Even if a formerly published invention is again forgotten and e.g. was mentioned only once in a local chinese newspaper: It is still a prior at docment.

One way to get an overview of the state of the art is to conduct a patent search. This may be helpfl before filing a patent.

One way to challenge the validity of an existing patent is to check can be carried out with the help of prior art researches conducted by “crowdsourcing Internet platforms”.

In order to be patentable an invention must be novel and also inventive.

The Patent Law Firm Stuetz assists you with this assessment.