Understanding the novelty criterion

To obtain a patent on an invention, the invention must be new. This fact sheet explains how the condition of novelty is assessed in patent matters.

It shows that the legal definition of a familiar concept such as novelty needs to take many details into account. We emphasize the reasons behind the choices made to define novelty, compared with other a priori possible choices. Without claiming to make the reader autonomous in determining the novelty of an invention, we will introduce him or her to some practical aspects of assessing this first condition of patent validity (the second to be met being inventive step).