3. What is a "new invention"?
Depending on the country, the criterion of novelty may be relative or absolute. In France and before the EPO, to be considered new, an invention must not be included in the state of the art, i.e. it must be found there as it is and in its entirety.
What is "prior art"? In France and before the EPO, the state of the art consists of everything that has been made available to the public before the filing date of the application, by whatever means. This may be by written or oral description, or by use.
When assessing the novelty of an invention, the contents of patent applications with an earlier filing date form part of the state of the art. This is why, once the decision to apply for a patent has been taken, it is essential to proceed rapidly with filing, especially in highly competitive...
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Droit de la propriété industrielle , Tome 2, Jérôme Passa, ed. LGDJ, 2013
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Code de la propriété intellectuelle
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