Novelty (patent)

Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application.

Related Topics:
Patentability - Invention - Priority - Patent application

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The novelty requirement is said to be "absolute" when prior publications anywhere in the world can be taken into account in the examination of this requirement.

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In some countries, such as the United States and Japan, a grace period exists for protecting an inventor or his successor in title from a publication of the invention before the filing date. That is, if the inventor or its successor in title publishes the invention, he can still validly file an application which will be considered novel despite the publication, provided that the filing is made during the grace period following the publication. The grace period is usually 6 or 12 months.

Related Topics:
United States - Japan - Inventor

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The grace period should not be confused with the priority year defined by Paris Convention for the Protection of Industrial Property. The priority year starts when the first filing in a Contracting State of the Paris Convention is made, while the grace period starts from the pre-filing publication.

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