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is constituted by all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality.
If an invention has been described in the prior art, a patent on that invention is not valid.
During prosecution, most patent applicants are faced with non-102(b) prior art that could be antedated.
Yet, very few applicants actually attempt to assert prior-invention rights.
This clarified standard appears to ease the burden on a party seeking to prove diligence.
Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation.