Overview
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Joaquim LI: Chemical engineer and graduate of CEIPI brevet, Plasseraud IP
INTRODUCTION
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).
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Understanding the novelty criterion
Why does an invention have to be new?
Bibliography
JurisClasseur Brevets, Fascicule 4260 : Novelty, Joanna Schmidt-Szalewski, LexisNexis 2021
J. Passa, Traité de droit de la propriété industrielle , Tome 2 : Brevets d'invention, Protections voisines, L.G.D.J, 2013
C. Grosset-Fournier, A. Dacheux, "Le brevet d'invention – La cause des inventeurs", Éditions Tec&Doc, 2012
J. Raynard, E. Py, P. Tréfigny,...
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Convention sur le brevet européen en ligne
The latest continuously updated version of the European Patent Convention, a text which provides for an autonomous legal system for the granting of European patents through a single, harmonized procedure before the European Patent Office (EPO).
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