Prior art, as defined by the patent office, is previous patents. Oh and obvious things like rocks and wheels. So if it hasn't been patented yet, and the examiner doesn't use one in his daily life, you can patent.
That's great for physical things, but it doens't really work for intangibles like software and business practices.
It also doesn't work where you're starting the patenting process after you start the technology process. I'm sure, back in the 1700s when they created patents, someone tried to patent attaching a horse to a buggy, but the examiners understood horses and buggies enough to disallow that.
Until 10 years ago or so, software or business practices weren't patented. Software was copyrighted and business practices were trade secrets. The examiners understand neither software nor business practices, but we're letting them rule on the right to patent them.
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Prior art, as defined by the patent office, is previous patents. Oh and obvious things like rocks and wheels. So if it hasn't been patented yet, and the examiner doesn't use one in his daily life, you can patent.
That's great for physical things, but it doens't really work for intangibles like software and business practices.
It also doesn't work where you're starting the patenting process after you start the technology process. I'm sure, back in the 1700s when they created patents, someone tried to patent attaching a horse to a buggy, but the examiners understood horses and buggies enough to disallow that.
Until 10 years ago or so, software or business practices weren't patented. Software was copyrighted and business practices were trade secrets. The examiners understand neither software nor business practices, but we're letting them rule on the right to patent them.