How do you determine if your invention would be "anticipated"?

Determining if an invention is anticipated involves assessing the prior art elements and limitations. Anticipation in patent law refers to a situation where a single prior art reference discloses each and every element of a claimed invention. This means that if you can find a prior art reference that discloses all elements of your invention, then it is considered anticipated and cannot be patented.

To evaluate anticipation, one must carefully analyze existing patents, publications, and other forms of prior art to establish whether your invention has been previously disclosed fully. This process requires a detailed comparison of the claims of your invention against the prior art to ascertain if the invention is novel and not previously known. The focus is on specific elements of the invention and how they relate to what's already been disclosed in the prior art.

While consulting a patent attorney can provide valuable insights throughout the patent application process, and examining market demand might help gauge the commercial viability of the invention, neither of these steps directly addresses whether the invention itself is anticipated under patent law. Additionally, simply looking for existing patents does not encompass the full scope of prior art, which may include non-patent literature, publications, and other resources. Therefore, assessing the elements and limitations in the context of prior art is the correct and