Chapter 4 - Patents & Intellectual Property
IN THIS LESSON
Understanding Patent Requirements – Novelty
A claimed invention is considered “novel” if it is not found, either expressly or inherently described, in its entirety in a single prior art reference.
If a single element of the claimed invention is not disclosed (expressly or inherently), then it satisfies the novelty requirement under 35 U.S.C. 102. Novelty can be based on the following:
A difference in components of an apparatus or steps of a method/process
A new combination or rearrangement of components or steps
A new use of a known apparatus or method/process
For example, if a patent claim is directed to a blender that includes a built-in radio and a built-in nightlight, this claimed invention would be considered novel unless a single prior art reference also discloses a blender that includes both a built-in radio and a built-in nightlight.
Keep in mind that novelty alone doesn’t dictate patentability. The invention must also be “nonobvious.”
Understanding Patent Requirements – Novelty
A claimed invention is considered “novel” if it is not found, either expressly or inherently described, in its entirety in a single prior art reference.
If a single element of the claimed invention is not disclosed (expressly or inherently), then it satisfies the novelty requirement under 35 U.S.C. 102. Novelty can be based on the following:
A difference in components of an apparatus or steps of a method/process
A new combination or rearrangement of components or steps
A new use of a known apparatus or method/process
For example, if a patent claim is directed to a blender that includes a built-in radio and a built-in nightlight, this claimed invention would be considered novel unless a single prior art reference also discloses a blender that includes both a built-in radio and a built-in nightlight.
Keep in mind that novelty alone doesn’t dictate patentability. The invention must also be “nonobvious.”