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Legal Definitions - new and useful
Definition of new and useful
In patent law, the phrase new and useful refers to two fundamental requirements an invention must meet to be eligible for patent protection.
New (Novelty): This means the invention must be genuinely original and not previously known or publicly disclosed anywhere in the world. It cannot be something that already exists, has been described in a publication, or was used by others before the patent application was filed. The invention must represent a true advancement or a unique creation.
Useful (Utility): This means the invention must have a practical purpose and provide some tangible benefit. It must actually work and be capable of performing its intended function. Abstract ideas, purely theoretical concepts, or inventions that serve no practical purpose generally do not meet the utility requirement.
Together, these requirements ensure that patents are granted only for genuine innovations that contribute meaningfully to technology, science, or industry, rather than for trivial ideas or existing knowledge.
Examples:
Imagine a scientist develops a new type of biodegradable plastic derived entirely from algae, which decomposes harmlessly in a matter of weeks without leaving microplastic residue. This invention would likely be considered new because the specific chemical composition and manufacturing process for this algae-based plastic have never been created or described before. It would also be considered useful because it offers a practical solution to plastic pollution, providing an environmentally friendly alternative to traditional plastics for packaging and other applications.
Consider an engineer who invents a novel sensor system for autonomous vehicles that can detect black ice on roads with 99% accuracy, significantly improving safety in winter conditions. This system is new because its unique combination of infrared and ultrasonic technology, along with its specific data processing algorithm, has not been previously developed or patented. It is useful because it directly addresses a critical safety challenge in transportation, offering a practical and effective way to prevent accidents caused by unseen road hazards.
A software developer creates a unique algorithm that optimizes energy consumption in large data centers by dynamically reallocating processing tasks based on real-time server load and external temperature. This algorithm is new because its specific logic and methodology for predictive energy management are distinct from existing solutions. It is useful because it provides a tangible economic benefit by reducing operational costs for data centers and contributes to environmental sustainability by lowering overall energy usage.
Simple Definition
"New and useful" refers to two fundamental requirements an invention must meet to be eligible for a patent in the United States. "New" means the invention must be novel, not previously known or publicly available. "Useful" means the invention must have a practical utility, serving some beneficial purpose.