State of the art


State of the art

The state of the art is the highest level of development, as of a device, technique, or scientific field, achieved at a particular time. It also applies to the level of development (as of a device, procedure, process, technique, or science) reached at any particular time usually as a result of modern methods.

Origin

The earliest usage of the term "state of the art" documented by the OED dates back to 1910 from an engineering manual by H.H. Suplee titled Gas Turbine. It reads, "In the present state of the art this is all that can be done."

Patent law

In the context of the European and Australian patent law, the term "state of the art" is a concept used in the process of assessing and asserting novelty and inventive step, [ Under the European Patent Convention: EPC Article|54 and EPC Article|56. ] and is a synonym of the expression "prior art". In the European Patent Convention (EPC), " [the] state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application" according to EPC Article|54|2. Due account should be taken of EPC Article|54|3 as well, but merely for the examination of novelty.

The expression "background art" is also used in certain legal provisions, such as EPC Rule|42|1|b) and(c (previously EPC 1973 Rule|27|1|b) and (c), and has the same meaning. [ [http://legal.european-patent-office.org/dg3/biblio/t820011ep1.htm Decision T 11/82] of 15 April 1983 of the Boards of Appeal of the European Patent Office ]

References

ee also

*High end
*Bleeding edge


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