Novelty (patent) 1043557 209073272 2008-04-29T20:16:49Z Edcolins 51336 {{dubious}}, see talk page {{Patentability}} '''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 right|priority]] if a priority is claimed, of the [[patent application]]. In some countries, such as the [[United States]] and [[Japan]], a grace period exists for protecting an [[inventorship|inventor]] or the [[successor in title]] from a publication of the invention before the [[filing date]]. That is, if the inventor or the successor in title publishes the invention, an application can still be validly filed 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. This type of novelty bar is sometimes known as a '''relative novelty''' bar. {{dubious}} In other countries, including [[Europe]]an countries, any act that makes an invention available to the public before the [[filing date]] or [[priority right|priority date]] has the effect of barring the invention from being patented. Examples of acts that can make an invention available to the public are written publications, sales, public oral disclosures and public demonstrations or use. This is known as an '''absolute novelty''' requirement. {{dubious}} '''Local novelty''' (as is currently the requirement in [[New Zealand]]) only regards publications, uses or sales that have taken place within that jurisdiction to be novelty destroying. 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. {{Patent law}} == United States == In the United States the four most common ways in which an inventor will be barred under Section 102 are: # by making the invention known or allowing the public to use the invention; or # having the invention published in a fixed medium (such as in a patent, patent application, or journal article); or # if the invention was previously invented in the U.S. by another, who has not abandoned, suppressed, or concealed the invention, or # if the invention was described in a patent application filed by another, where the application later issues as a US patent. In U.S. patent law, '''anticipation''' occurs when one prior art reference or event discloses all the features of a claim and enables one of ordinary skill in the art to make and use the claimed invention; the claim is then said to lack novelty. == Prior art search == {{main|prior art}} The standard method for discovering if a proposed invention is novel is to perform a prior art search. A prior art search may for instance be performed using a keyword search of patent databases. == See also == * [[Disclaimer (patent)]] * [[Filing date]] * [[Doctrine of inherency]] * [[Prior art]] (including a discussion on novelty searches) * [[Priority right]] == External links == * [http://www.wipo.int/scp/en/novelty/ Enlarged Concept of Novelty] on the [[World Intellectual Property Organization|WIPO]] site * [http://www.ipr-helpdesk.org/documentos/docsPublicacion/html_xml/8_GracePeriodinventionLaw%5B0000004514_00%5D.html ''Grace Period and Invention Law in Europe and Selected States''], a comparative study of grace periods applicable for assessing novelty (on a web site sponsored by the [[European Commission]]) *[http://www.patent.gov.uk/about/consultations/mod-designs/analysis.htm British Patent Office regulations] [[Category:Patent law]] [[es:Novedad]] [[it:Novità (brevetto)]] [[ja:新規性]] [[scn:Nuvitati (l'èssiri novu)]] [[zh:新颖性 (专利)]]