One of the most common defenses to patent infringement is that the asserted patent is invalid. Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness—pointing to some piece of evidence that the defendant says conclusively shows that the invention was already in the public domain before the plaintiff even applied for the patent.
Prior art state of the art  or background art  , in most systems of patent law,  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 or would have been obvious over what has been described in the prior art, a patent on that invention is not valid.
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