Any information showing that an invention is already known is collectively known as prior art (it may also be called state-of-the-art or background art). This does not always refer to physical evidence, it can be a description of the invention such as an academic paper, brochure or a published patent application or granted patent also be counted as prior art.
Used to determine the patentability of an invention, this information helps to determine whether the invention in question is truly novel, inventive and non-obvious.
Prior art is more clearly defined as prior information. As novelty or genuine inventiveness is a key criterion to be met in patent applications, a check for prior information regarding the invention is essential.
Should a search for prior art show similar or the same concepts, inventions or ideas exist already in the public domain, a new patent claim may be said to lack novelty. You cannot claim valid patent protection for an idea that is already publicly known or available.
As per Australian patent legislation, prior art may be used by examiners to raise objections to the inventiveness claims. The prior art permissible to be used includes either:
Detailed novelty searching prior to filing a patent application can assist in ensuring your invention is novel. The patent office will perform their own searches during examination or if you request an International Type Search in relation to a provisional patent application. While you are not required to undertake any searching before filing a patent application it is recommended.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
