ARTICLE · 16 MARCH 2026

What Is 'Prior Art' & What Does A Search Involve?

Murgitroyd

Explore more from Murgitroyd

Novelty, inventiveness and industrial applicability are the three key criteria for obtaining a patent. Whilst innovators might be certain that their idea is new and unique...

United KingdomIntellectual Property

Murgitroyd & Company

Author LinkedIn connections

Novelty, inventiveness and industrial applicability are the three key criteria for obtaining a patent. Whilst innovators might be certain that their idea is new and unique, prior art searches exist to ensure this is definitely the case.

This pre-qualification is an indispensable first step on the journey to patent protection. A thorough search can not only save a great deal of time and money, but also reveal valuable strategic opportunities for refining your inventions and patent applications.

What is prior art?

Prior art, also known as state of the art or background art, is any existing global evidence that an invention or idea was already known to the public before the filing date of a patent application.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Joining The Dots – Part 4: Deadlines Announced

United KingdomIntellectual Property

CMS Kluge Advokatfirma AS

New Approach To Software Inventions Put To The Test At The UKIPO

United KingdomIntellectual Property

Joining The Dots – Part 4: Deadlines Announced

United KingdomIntellectual Property

Patenting Agrochemicals In Europe: Key Challenges And Opportunities For Innovators

European UnionIntellectual Property

Boult Wade Tennant LLP

Experimental Evidence In Patent Disputes, Part 1: Lessons From UK Case Law

United KingdomIntellectual Property

Carpmaels & Ransford LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Intellectual Property
- Patent

Related Comparative Guides

Comparative Guide

Patent Litigation

Comparative Guide

Franchise & Licensing

Comparative Guide

Intellectual Property

Comparative Guide

Trademark Disputes

See more popular content from

Intellectual Property

EU AI Act Article 50: New AI Transparency Rules

Article 50 of the EU AI Act introduces sweeping transparency obligations for AI providers and deployers, requiring disclosure of AI interactions, marking of AI-generated content, and labeling of deepfakes. These rules carry significant commercial and IP implications for businesses using AI to create marketing materials, synthetic influencers, and other valuable assets.

European UnionIntellectual Property

Potter Clarkson LLP

Guarding Your Brand: Trademark Scams In The UK

Trademark phishing campaigns are rising, with businesses increasingly being targeted by highly sophisticated, AI-driven trademark scams. Alice Wright analyses a prominent registration scam recently circulating in the UK to offer advice on how to identify trademark scams, what immediate steps to take if targeted, and how to proactively protect your business through legitimate channels.

United KingdomIntellectual Property

Novagraaf Netherlands BV

Shein v Temu: Testing The Limits Of Marketplace Liability

The ongoing commercial rivalry between fast-fashion giants Shein and Temu has evolved into one of the most significant intellectual property disputes in the e-commerce sector. This landmark case examines critical questions about copyright ownership, platform liability, and the legal responsibilities of online marketplaces in the digital age.

United KingdomIntellectual Property

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

United KingdomIntellectual Property

Mishcon de Reya LLP

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.

United KingdomIntellectual Property

Just A Matter Of Semantics? Patenting AI Inventions After The Emotional Perception Saga

The Emotional Perception saga has become a defining case for patenting AI inventions in the UK. Most significantly, the Supreme Court judgement1 of February 2026 has reformed the examination of mixed-typed inventions in general, i.e. inventions containing a ‘mixture’ of technical and non-technical features.

United KingdomIntellectual Property

Patent Maintenance & Renewal Fees In The UK: A Quick Guide

Understanding the financial commitment of patent maintenance is essential for long-term IP protection. UK patents require annual renewal fees starting four years after filing, with costs increasing progressively each year.

United KingdomIntellectual Property

UK To Abolish Series Trademarks

The United Kingdom has long maintained a highly distinctive and user-friendly mechanism within its domestic intellectual property (IP) framework: the series trademark. For decades, this system has allowed businesses – ranging from local startups to multinational corporations – to secure protection for slight variations of their brand identity under a single application.

United KingdomIntellectual Property

Novagraaf Netherlands BV

IP Right Infringement By Re-posting Of Photographs On Social Media – Assessing Damages, Calculation Of Interest And Costs Recovery In The IPEC

A copyright infringement case in the Intellectual Property Enterprise Court examines how damages should be calculated when a defendant used thousands of photographs from Max Power magazine on social media to build a following and promote commercial events. The court's decision provides important guidance on determining reasonable licence fees for social media use and the application of IPEC's costs cap provisions.

United KingdomIntellectual Property

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.

United KingdomIntellectual Property