Patents are one of the most important tools in intellectual property that help protect new inventions. This way, inventors have exclusive rights over their inventions. Not every new idea, however, qualifies for patent protection. One of the core requirements for a patent to be granted is novelty. The newness of an invention should not have been known previously or used in any prior art to be patented. This article explores the concept of patent novelty, its importance, and how it is assessed in patent law.
What Is Patent Novelty?
Patent novelty refers to the requirement that an invention must be new. In other words, it means that no form of disclosure is given to the public before filing for a patent. When an invention has been made known to the public through any means, whether published articles, existing patents, public demonstrations, or even sales, it is considered "prior art," and the invention will lack novelty, and thus cannot be patented.
In other words, the invention should be novel and new that is altogether different from all the prior arts known. The novel feature can be a new process or composition or a device or method unknown or in use before by others engaged in the same art.
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Legal Definition of Novelty
Novelty is defined in patent law as follows:
Absolute Novelty
An invention has to be completely new. It should not have been previously disclosed anywhere in the world before the patent application. This is the standard used in many countries, including the United States and most jurisdictions under the European Patent Convention (EPC). If there is any prior disclosure of the invention anywhere, then it would no longer qualify as novel.
Relative Novelty or Grace Period:
Many of the United States have allowed limited grace periods for an inventor. Here, the inventor could file his patent after selling or offering his invention to the public during a one-year grace period from the time his invention had been publicly known and used. This also results in considering an invention to be novel as it has not entered the prior art. However, this grace period is limited and does not apply in all countries.
Role of Novelty in Patentability
Novelty is one of the three core criteria for patentability, alongside inventive step (or non-obviousness) and industrial applicability. Without novelty, an invention cannot move forward in the patent examination process. Here’s why novelty is critical:
1. Patent Overlap Prevented:
A novelty requirement prevents patents from being granted over mere innovative ideas. It means that patents will not be granted if the invention resembles or is only a slight variation of an existing one. Thus, it also prevents more than one inventor from being given exclusive rights to an invention or idea.
2. Encourages Innovation:
The novelty rule encourages inventors to create original solutions for existing problems. A patent system where everything seems to be patentable makes distinguishing between real innovation and mere derivative work harder. True novelty being rewarded by such a system fosters progress in both science and technology.
3. Promotes Public Knowledge:
Patent law is created not only to encourage inventors but also to add to the public domain. When an invention is patented, it becomes part of the body of technical knowledge available to the public. The fear of too many trivial or redundant patents being granted exclusive rights is what novelty ensures.
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Assessing Novelty
To determine whether an invention is novel, patent examiners conduct a prior art search. It involves searching through existing patents, scientific literature, public disclosures, and other sources for any prior publications or activities that may have disclosed similar inventions.
During the search, the examiner considers:
Patents and Patent Applications: The primary sources of prior art are previous patents or pending patent applications that describe the same or similar inventions.
Non-Patent Literature: Academic papers, journals, presentations at conferences, books, and other kinds of unpublished documents are examined.
Public Use and Sale: If the inventions are used or sold publicly prior to an application for a patent, they will fail the novelty test.
Online Resources: In the internet era, prior art can exist in forms such as websites, product catalogues, or online databases.
If the invention is found to be similar to an existing piece of prior art, it is considered to lack novelty and the patent application is rejected. However, if the examiner finds no prior art that discloses the invention or any similar invention, it is deemed novel and can proceed through the patenting process.
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How Prior Art Affects Novelty?
Prior art refers to any existing knowledge, inventions, or disclosures that are available to the public before the filing of a patent application. It directly affects the novelty of an invention by whether it has been disclosed beforehand. If prior art exists in the form of identical or similar inventions, the new application may not be novel and will be rejected.
Prior art sources comprise existing patents, scientific publications, public demonstrations, and commercial sales.
If prior art reveals the same invention, then it kills the novelty requirement.
It helps ensure that patents are only granted for truly new inventions.
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Examples of Novelty in Patents
Here are a few examples of the novelty of patents:
Novelty in pharmaceutical inventions: A chemical compound that has never been synthesized or tested before may be novel, provided that no similar compound exists in the prior art.
Novelty in technology: A new software algorithm or hardware design that provides a unique solution to a problem may also be novel if no prior art discloses the exact method or structure.
Novelty in Mechanical Inventions: A mechanical device that operates in a new way - in terms of materials or configurations that have not been used before - may satisfy the novelty requirement.
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Challenges in Novelty
Proving novelty can sometimes be a difficult task, especially when the prior art is so vast and complex that it encompasses biotechnology, pharmaceuticals, or software. Sometimes an invention may look novel on the face of it, but closer investigation into the state of the art may uncover similar inventions that were not apparent.
Moreover, patent applications involve debates over what constitutes "prior art" and whether a given disclosure is sufficient to destroy the novelty of an invention. Patent disputes can sometimes hinge on these points, and legal challenges may ensue, especially in industries where innovation is rapid.
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Summing Up
Patent novelty is a fundamental concept in patent law. An invention must be new and not have been disclosed in any form of prior art. This ensures that only truly innovative ideas are granted exclusive protection, promoting progress and preventing unnecessary overlap in the patent system. For inventors seeking to protect their ideas, understanding and meeting the novelty requirement is essential to securing a patent and enjoying the benefits of intellectual property protection.
FAQ on Patent Novelty
Q1. What is patent novelty?
It means the invention should be new and novel that has not been available earlier in any prior art.
Q2. Why is patent novelty essential?
It ensures that only authentic inventions are granted patents.
Q3. How is novelty calculated?
Patent examiners perform the search of existing patents, literature, and public disclosures for similar inventions.
Q4. Can I patent something, which is publicly disclosed?
Not usually, unless in certain jurisdictions, there exist grace periods.
Q5. Is novelty applicable worldwide?
Most, but some countries, like the US, provide a grace period.
