What is “Prior Art” – examples & how to check

In the world of patents, “prior art” is the giant shadow looming over every new invention. It’s the body of knowledge that already exists before you file your patent application. If your invention is too similar to what’s already out there, the patent office will say: “Sorry, not new enough.”

Let’s break it down for India specifically.

What is Prior Art in India?

Under the Indian Patents Act, 1970, prior art means any information that was publicly available before the filing (or priority) date of your patent application.
This can include:

• Publications (journals, books, conference papers)

• Existing patents (Indian or international)

• Websites, blogs, or online databases

• Public demonstrations, exhibitions, or product launches

• Even oral disclosures (like a presentation at a seminar)

If it’s accessible to the public anywhere in the world before your filing date, it counts as prior art.

Examples of Prior Art

1. Published Patent Application: Suppose someone filed a patent in the US for a drone delivery system in 2018. Even if it wasn’t filed in India, it still counts as prior art.

2. Research Paper: A journal article describing a similar technology you’re trying to patent.

3. Existing Product: If a company already sells a gadget with the same features, that product is prior art.

4. YouTube Video: If an inventor uploaded a video explaining the technology before your filing date, it becomes prior art.

5. Trade Fair Demonstration: Showing your invention in a public exhibition before filing a provisional patent can backfire—it becomes prior art against you!

How to Check Prior Art in India

India doesn’t have a single “magic database” that covers everything, so you’ll want to combine a few tools:

1. Indian Patent Advanced Search System (InPASS)

   • Website: ipindiaservices.gov.in

   • Lets you search published Indian patent applications and granted patents by keywords, applicant name, or classification.

2. WIPO’s PATENTSCOPE

   • Covers international PCT applications and many national offices.

   • Great for global searches.

3. Espacenet (European Patent Office)

   • Huge free database with 140+ million patent documents.

4. Google Patents

   • User-friendly, broad coverage, with some AI-assisted prior art search.

5. Non-patent literature

   • Use Google Scholar, IEEE Xplore, PubMed, or even industry blogs for research papers and technical disclosures.

Pro tip for Indian inventors

• Before investing in filing, get a Professional Prior Art / Patentability Search. Patent agents often use commercial databases (like Questel, Derwent, PatSnap) that go deeper than free tools.

• Filing a provisional patent application early can protect you if you’re still refining the invention but want to lock in a priority date.