WHATDOESNOTCOUNT ASPRIORART?
1. PUBLICATIONS THAT DON’T PROVIDE ENABLING DETAIL
For the rejection of claims on the basis of novelty, a publication must sufficiently disclose an invention or provide an "enabling disclosure". Simply, if a person with ordinary skill in the art cannot use the publication to make the invention, then disclosure cannot serve as the basis for a Section 102 rejection.
Keep in mind that non-enabling prior art can be used to show that your invention is obvious.
2. ABANDONED, SECRET PATENT APPLICATIONS
Non-provisional
applications for patents that are initially filed as provisional applications are never published. If the applicant withdraws their application more than four weeks before it is scheduled for publication, it will not be published. The applicant may also seek nonpublication if the application was only submitted in the United States.
3. TRADE SECRETS
Trade secrets can't be used as proof of prior art because they are by definition confidential.
Therefore, even if another firm independently produced the identical invention before you did, the other company's trade secret innovation normally couldn't be used as prior art against your patent application.
4. CONFIDENTIAL DISCLOSURES
It's not a good idea to share your ideas with the world before you apply for a patent. Having everyone sign a non-disclosure agreement (NDA) is the greatest way to guarantee that disclosure will be treated as confidential and not invalidated by a patent application.
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