Legal Definitions - Novelty

Novelty, in a legal context, primarily refers to the requirement that an invention, design, or idea must be genuinely new and not previously known or publicly disclosed anywhere in the world before a certain date (often the date of filing a patent application). It means the subject matter did not exist in the "prior art," which includes previous patents, publications, public uses, or sales.

For something to be considered novel, it must not have been:

• Described in a printed publication.
• In public use.
• On sale.
• Otherwise available to the public before the critical date.

This requirement ensures that patents are granted only for true advancements and not for something that is already part of the public domain or existing knowledge.

Examples of Novelty:

• Example 1: A New Method for Water Purification

  Imagine a scientist develops a unique filtration system that uses a previously unknown combination of biological agents and membrane technology to purify wastewater more efficiently and cost-effectively than any existing method. Before this invention, no one had publicly described, used, or sold a system employing this specific combination and process. When the scientist applies for a patent, the patent office would likely find this invention to possess novelty because it introduces a genuinely new approach to water purification that was not part of the prior art.

• Example 2: An Innovative Smartphone Feature

  A technology company invents a smartphone camera system that can automatically adjust its lens array to capture 3D images without requiring specialized glasses or multiple separate cameras, a capability not present in any commercially available or publicly disclosed smartphone before. If the company seeks a patent for this specific camera technology, it would likely meet the novelty requirement because the method and resulting functionality are distinct and new compared to all existing smartphone camera systems and related technologies known to the public.

• Example 3: A Unique Medical Diagnostic Tool

  A biomedical engineer designs a portable device that can non-invasively detect a specific type of cancer marker in a patient's breath with high accuracy, a method and device that no other research group or company has ever published, patented, or commercialized. When the engineer applies for a patent for this diagnostic tool, its ability to detect this specific marker through breath analysis using this particular non-invasive technology would demonstrate novelty, as it represents a new and previously unknown approach in medical diagnostics.