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Legal Definitions - Novel

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Definition of Novel

In the context of patent law, Novel refers to the fundamental requirement that an invention must be genuinely new and not previously known or publicly available before the patent application was filed. It means the invention cannot be part of the "prior art"—the existing body of knowledge, technology, and public disclosures that existed before the invention date. To be considered novel, an invention must introduce something truly original that has not been described in a publication, used publicly, or patented anywhere in the world.

Here are some examples illustrating the concept of novelty:

  • A New Battery Chemistry: Imagine a scientist develops a completely new chemical composition for a battery that allows it to charge in seconds and hold a charge for weeks, far surpassing any existing battery technology.
    This invention would likely be considered novel because the specific chemical reactions and materials used to achieve this performance have never been publicly disclosed, patented, or used before. It introduces a fundamentally new approach to energy storage.
  • An Unprecedented Software Algorithm: A software engineer creates a unique algorithm that can predict stock market fluctuations with 90% accuracy by analyzing social media sentiment, a method never before conceived or implemented.
    The algorithm would be novel if its specific mathematical steps, logic, and application to this particular problem (social media sentiment for stock prediction) have not been previously published, patented, or demonstrated publicly. Even if individual components of the algorithm exist, their unique combination and application could make the overall method novel.
  • A Revolutionary Medical Device: A team of engineers invents a miniature, implantable device that can continuously monitor blood sugar levels non-invasively and automatically administer insulin, using a sensor technology that has never been applied in this manner.
    This device would demonstrate novelty if its specific design, the non-invasive sensor mechanism, and the integrated automated insulin delivery system, particularly the unique way these elements work together, have not been described in medical literature, patented, or sold commercially anywhere in the world prior to its invention.

Simple Definition

In patent law, "novel" means an invention is new and has not been previously known or publicly available. This is a fundamental requirement for obtaining a patent, as an invention cannot be patented if it was already part of the "prior art" before the claimed invention date.