Legal Definitions - absolute novelty

Absolute novelty is a stringent requirement primarily found in patent law. It dictates that an invention must be completely new and previously undisclosed to the public anywhere in the world before a patent application is filed. This means that if the invention, or any description of it, has been publicly known, used, sold, or published by anyone—including the inventor themselves—before the critical filing date, it lacks absolute novelty and generally cannot be patented. It's a very strict standard designed to ensure that patents are only granted for truly novel advancements.

• Example 1: Technological Disclosure

  Imagine a software engineer develops a groundbreaking algorithm for optimizing data compression. Before filing a patent application, they present their findings and the algorithm's details at a small, public academic conference in another country. Even if the engineer was unaware of the patent implications at the time, and even if the conference was not widely attended, this public presentation constitutes a prior disclosure. Because the algorithm was publicly revealed before the patent application was submitted, it would lack absolute novelty, making it ineligible for patent protection.

• Example 2: Product Display

  Consider a designer who creates a unique, foldable bicycle frame. Excited about the design, they display a fully functional prototype at a public trade show for several days, allowing attendees to examine and even test the bicycle. Six months later, the designer decides to file a patent application for the innovative frame. However, the earlier public display at the trade show, where the invention was accessible to the public, means the bicycle frame no longer possesses absolute novelty. The public disclosure prior to filing would prevent a patent from being granted.

• Example 3: Prior Publication

  A research team invents a novel chemical compound that significantly improves the efficiency of solar panels. One of the team members, eager to share their discovery, publishes a detailed article describing the compound and its synthesis in an online scientific journal that is publicly accessible worldwide. A few months later, the university's patent office begins the process of applying for a patent on the compound. Unfortunately, the prior publication in the online journal, even if it was by one of the inventors, means the chemical compound lacks absolute novelty. The information was made publicly available before the patent application, thus destroying its novelty in the eyes of patent law.