Legal Definitions - inventively new

In patent law, something is considered inventively new if it represents a significant and non-obvious advancement over existing knowledge or technology. It's not enough for an invention to be simply "new" in the sense of never having existed before; it must also demonstrate a creative leap that would not be apparent to someone with ordinary skill in the relevant field. This term distinguishes a truly innovative creation from mere modifications or combinations of existing elements.

• Example 1: A Novel Pharmaceutical Compound

  Imagine a pharmaceutical company develops a new drug compound to treat a specific disease. While many compounds have been tested for this disease, this particular molecular structure and its synthesis method were not obvious combinations or modifications of existing drugs. The compound demonstrates a unique mechanism of action that was not predictable from prior research.

  This compound is considered inventively new because its unique chemical structure and therapeutic properties were not predictable or easily derivable from prior art (existing knowledge). It represents a creative solution that required inventive thought, rather than just routine experimentation or an obvious tweak to an existing drug.

• Example 2: An Advanced Renewable Energy System

  Consider an engineer who designs a novel wind turbine blade shape and material combination that significantly increases energy capture efficiency and reduces noise compared to all previous designs. The design incorporates principles from aerodynamics and material science in a way that wasn't previously combined or considered obvious by experts in the field, leading to a breakthrough in performance.

  This new wind turbine design is inventively new because it goes beyond incremental improvements. The specific combination of shape and material, and the resulting performance benefits, were not an obvious next step for someone skilled in wind energy technology. It required an inventive step to conceive and develop.

• Example 3: A Breakthrough Software Algorithm

  Picture a software developer creating a new algorithm for securely authenticating users on a network. While many authentication methods exist, this algorithm uses a completely different mathematical approach that offers superior security and speed without relying on any known vulnerabilities, and its underlying logic was not an obvious derivation from existing cryptographic techniques.

  The algorithm is inventively new because its unique mathematical foundation and operational method provide a non-obvious solution to a common problem. It's not just a variation of existing algorithms but a distinct, creative approach that wouldn't have been readily apparent to a typical software engineer working with security protocols.