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How to know if your invention is “Novel”?

Patented inventions must be different from existing knowledge or previous inventions, otherwise known as prior art. What is prior art?

Prior art is:

  • anything in public use or sold in the United States for more than a year prior to the patent application’s filing date;
  • anything publicly known or used by others in this country before the invention date;
  • anything made or built in this country by another before the invention date;
  • prior patents issued more than a year before the patent’s filing date or any time before the date of invention;
  • prior publications dated more than a year before the patent’s filing date or any time before the date of invention; or
  • U.S. patents with a filing date prior to the invention date.  What are Invention date and One Year Rule?

There are three types of differences:

1.physically different

The new invention must have at least one piece of hardware that is physically different from prior art.  This can be an addition or a subtraction of hardware.  It may also be something less obvious than that.  For example, a physical difference may be that the invention works in a different temperature range or a different mode than what was indicated by prior art.  These will all satisfy the novelty criteria for patenting a new invention.

2. new combination

Novelty may include new combinations of prior art.  In other words, two previously patented inventions are prior art.  But if they are combined in such a way that is not already patented, then this new combination is considered novel.  

3. new use

A patented invention’s use is described in the claims section of its patent application.  If you think of a new use that isn’t discussed in the patent application, then that new use satisfies the novelty component.  This new use of an already patented invention may be patentable. 

 

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