- published: 13 Aug 2011
- views: 6437083
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 refers to the level of development (as of a device, procedure, process, technique, or science) reached at any particular time as a result of the latest methodologies employed.
The earliest use of the term "state of the art" documented by the Oxford English Dictionary dates back to 1910 from an engineering manual by Henry Harrison Suplee (1856-post 1943), an engineering graduate (University Of Pennsylvania, 1876), entitled Gas Turbine: progress in the design and construction of turbines operated by gases of combustion. The relevant passage reads: "In the present state of the art this is all that can be done."
In the context of 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, 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 Article 54(2) EPC. Due account should be taken of Article 54(3) EPC as well, but merely for the examination of novelty.
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