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

To determine if your invention would be "anticipated," the correct approach involves assessing the prior art elements and limitations. Anticipation in patent law occurs when a single prior art reference discloses each and every feature of the claimed invention. This means that to establish anticipation, one must closely compare the claims of the invention with existing publications, patents, or other publicly available information that precedes the filing date of the patent application.

This assessment involves analyzing various forms of prior art to determine whether a prior reference has disclosed the same invention. Factors that need to be considered include whether the prior art contains each limitation of the claim in either express or inherent form, as well as when the prior art was published relative to the filing date of the application for the new invention.

Other options, while they may provide useful information in the broader context of patenting or business strategy, do not directly address the legal standard for anticipation. Evaluating market demand could inform the commercial viability of the invention but does not relate to its patentability. Consulting with a patent attorney may be beneficial for navigating complex legal issues, but the key determination of whether an invention is anticipated relies on the examination of prior art rather than solely on legal counsel. Moreover, limiting the search to existing patents only