The state of the art refers to all knowledge available to the public before a given date, generally the date of filing of a patent application or design. This knowledge includes all information disclosed in writing (patents, scientific publications, technical documents), orally (conferences, seminars) or through public use (products or processes already marketed or used).
It is therefore a fundamental concept for assessing novelty and inventive step, two essential criteria for obtaining a patent. If an invention is already described or made obvious by the prior art, it cannot be patented. This definition is universal, although variations may exist between offices, particularly about how disclosure is assessed or considered. Analysis of the state of the art thus ensures that only truly innovative developments are protected by patents.