What Makes an Invention Novel? (Learn the Criteria for Patentability)

What makes an invention novel? Learn the criteria for patentability and how novel inventions can benefit society. Explore examples of novel inventions and discover how to determine if your own invention is novel.

Q + ALAWS

Graham Settleman

12/8/20232 min read

a rocket ship in the sky
a rocket ship in the sky

What is an invention novel?

Novelty is one of the three requirements for patentability in most countries. An invention must be novel in order to be eligible for a patent. This means that it must be different from anything that has been previously disclosed to the public anywhere in the world.

The public knowledge that is considered when evaluating novelty includes:

  • Prior patents

  • Published scientific and technical literature

  • Publicly used inventions

  • On-sale inventions

An invention can be novel even if it combines two or more existing inventions in a new way. However, the new combination must be more than just a trivial variation on the existing inventions. It must be something that is substantially different and non-obvious to someone skilled in the art.

Here are some examples of inventions that would be considered novel:

  • A new type of battery that is more efficient and longer-lasting than existing batteries.

  • A new medical device that can diagnose a disease more accurately and early than existing devices.

  • A new way to produce solar energy that is more cost-effective and efficient than existing methods.

  • A new type of software that can automate tasks more efficiently and effectively than existing software.

Here are some examples of inventions that would not be considered novel:

  • A new type of lightbulb that is simply a smaller version of an existing light bulb.

  • A new type of car that uses the same internal combustion engine as existing cars.

  • A new type of smartphone that has the same features as existing smartphones.

  • A new type of website that is simply a clone of an existing website.

How to determine whether an invention is novel

The best way to determine whether an invention is novel is to conduct a thorough prior art search. This involves searching for any information that is publicly available anywhere in the world that describes or discloses the invention. The prior art search should include patents, scientific and technical literature, and information about publicly used and on-sale inventions.

Once the prior art search is complete, the inventor should compare the invention to the prior art to determine whether it is substantially different. If the invention is substantially different from anything in the prior art, then it is likely to be novel.

Novel inventions and patent protection

If an invention is novel, then it may be eligible for patent protection. A patent gives the inventor the exclusive right to make, use, and sell the invention for a limited period of time. This gives the inventor the opportunity to profit from the invention and to prevent others from copying it.

Novel inventions and societal benefits

Novel inventions can have a significant impact on society. They can lead to new products and services, new industries, and new jobs. They can also improve our quality of life and make the world a better place.

For example, the invention of the lightbulb led to the development of electricity, which has revolutionised the way we live and work. The invention of the computer has led to the development of the internet, which has transformed the way we communicate and access information. And the invention of the smartphone has revolutionised the way we stay connected and entertained.

Novel inventions are essential for driving innovation and progress. They help us to solve problems and to improve our lives.

Conclusion

Novelty is an important requirement for patentability. It ensures that inventors are rewarded for their creativity and that the public has access to new and innovative products and services. Novel inventions can have a significant impact on society, leading to new industries, new jobs, and improved quality of life.

How to determine if your invention is truly new

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