2. How is novelty defined by law?
In everyday language, novelty can be defined as the character of that which has never been seen before or was not yet known. Such a definition raises many questions.
For example, this definition does not answer the question of by whom or in what territory a thing must never have been seen in order to be considered new. A priori, a thing can be new for some without necessarily being new for others.
Nor does this definition answer the question of how far a thing can be considered "known", and thus lose its novelty.
In French law ( article L. 611-11 paragraphe 1 du CPI ) or in the EPC (
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How is novelty defined by law?
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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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