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Simple English definitions for legal terms
absolute novelty
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A quick definition of absolute novelty:
Absolute novelty refers to the requirement that an invention must be completely new and not previously known or used before it can be patented. This means that the invention cannot have been publicly disclosed or sold before a patent application is filed. In some countries, including the United States, there is a one-year grace period for filing a patent application after public disclosure or sale. However, in most countries, the absolute novelty requirement means that a patent application must be filed before any public disclosure or sale of the invention.
A more thorough explanation:
Definition: Absolute novelty refers to the requirement that an inventor must always file a patent application before the invention is publicly used, placed on sale, or disclosed. This rule is followed in most countries, except for the United States, where an inventor is given a one-year grace period to file a patent application after any public use, sale, offer of sale, or publication by the inventor or the inventor's agent.
Examples:
- An inventor in Japan must file a patent application before publicly disclosing their invention, or else they will lose the right to obtain a patent.
- In Germany, an inventor must file a patent application before publicly using or selling their invention, or else they will lose the right to obtain a patent.
- In the United States, an inventor has a one-year grace period to file a patent application after publicly disclosing their invention, but if they wait longer than that, they will lose the right to obtain a patent.
These examples illustrate how the absolute novelty requirement varies from country to country, but in general, it is important for inventors to file a patent application before publicly disclosing their invention in order to protect their rights to obtain a patent.