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Prior Art Q&A

The essence of the Community Patent Review project is to provide the USPTO with material that may be helpful to their Examiners in making a determination of patentability for a given patent application.  Such material is called "Prior Art", and any printed publication containing such material is called a "Prior Art Reference".

To be patentable, an invention must be new (novel), useful, and unobvious. Usefulness is not a focus of the CPR project - but novelty and obviousness very definitely are. Any information (in particular, any published information) that suggests that the inventor associated with a patent application under consideration might not have been the first to make the invention that is the subject of one or more claims of the patent application, (i.e., that the invention might not be new or might be obvious), would be important to put before the USPTO.

Q: What happens if an important prior art reference does not get considered by the USPTO?

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Q: How do I determine whether a prior art reference that I have uncovered should be submitted to CPR?

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Q: Why is it best to have a prior art reference that was published more than one year before the priority date of the patent application?

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Q: Should I disregard publications dated less than one year prior to the priority date?

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Q: What is meant by the date of publication for a prior art reference?

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Q: Why does there seem to be so much repetition in the claims of patent applications? In identifying prior art do I need to focus on each slight wording variance? This would seem to make the task impossibly difficult.

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Q: Does a potential prior art reference need to show everything  laid out in some claim of a patent application to be submitted to the USPTO as prior art via the CPR?

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Q: What does it mean to say that a claimed invention is obvious?

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Can I comment about other things I notice about the application in searching for prior art? For example, what if I notice that the embodiment/disclosure of the application seems clearly insufficient for what is being claimed?

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