Legal Definitions - absolute-novelty requirement

The absolute-novelty requirement is a fundamental principle in patent law that dictates how new an invention must be to qualify for a patent. It means that an invention must be entirely new and not have been publicly disclosed or used anywhere in the world before the date a patent application is filed.

This is a very strict standard. If the invention, or anything substantially similar to it, was described in a publication, used publicly, or offered for sale by anyone (including the inventor themselves) *before* the patent application date, it generally cannot be patented. The purpose is to ensure that patents are granted only for truly new contributions to human knowledge and technology.

• Example 1: Medical Device Disclosure

  Dr. Anya invents a revolutionary new surgical tool that uses focused ultrasound to precisely remove tumors without incisions. Eager to share her breakthrough, she publishes a detailed paper about her invention in a prestigious international medical journal *before* she files a patent application. Because Dr. Anya publicly disclosed her invention in a journal article *before* filing for a patent, her invention would likely fail the absolute-novelty requirement. Even though she is the inventor, her prior public disclosure makes the invention no longer "absolutely novel" in the eyes of patent law, preventing her from obtaining a patent in many jurisdictions.

• Example 2: Software Algorithm on a Public Forum

  A software engineer, Ben, develops a unique algorithm that significantly optimizes data compression. He shares the full source code and a detailed explanation of the algorithm on a popular open-source development forum for peer review and collaboration several months before deciding to pursue a patent. By posting the complete algorithm and its explanation on a public forum, Ben has made his invention publicly available. This public disclosure, occurring *before* he filed a patent application, means the algorithm no longer meets the absolute-novelty requirement. Even if no one else had invented it, his own prior disclosure would prevent him from securing a patent in many countries.

• Example 3: Public Demonstration of a Manufacturing Process

  A company, "GreenTech Inc.," develops a new, environmentally friendly process for manufacturing biodegradable plastics. Before filing a patent application, they conduct a large-scale public demonstration of the entire process at an international trade show, showcasing all the unique steps and machinery involved to potential customers and competitors. GreenTech Inc.'s public demonstration of their manufacturing process at a trade show constitutes a public disclosure and use of the invention. Since this occurred *before* they filed for a patent, the process would fail the absolute-novelty requirement. The invention is no longer considered absolutely new because it was publicly revealed and demonstrated, making it unpatentable in many jurisdictions.