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Showing posts with the label Novelty

What is Patentability/Novelty Search in Patents?

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There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive (non-obvious) when the invention involves a feature which is non-obvious to a person of ordinary skill in the art (POSITA). Such hypothetical person (person of ordinary skill in the art) is an ordinary person having ordinary skillset in a particular technical domain to which the invention pertains. Utility of an invention is comparatively easier to establish. An invention always solves a long-standing problem by providing an inventive product or process. However, for establishin...

What is the basic criteria of a patent registration?

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The basic criteria for patent registration generally include three main requirements that an invention must meet to be eligible for a patent. These criteria are typically consistent across various jurisdictions, though specifics can vary slightly. Here are the fundamental requirements: Novelty : An invention must be new and not disclosed to the public before the filing date of the patent application. This means that no identical invention should have been publicly known, used, described in a publication, or patented anywhere in the world before the date of filing. Non-Obviousness (Inventive Step) : The invention must involve an inventive step or non-obvious improvement over existing technology or knowledge. This criterion evaluates whether the invention would have been obvious to a person skilled in the relevant field of technology at the time the invention was made. In other words, it must not be an obvious modification or combination of existing inventions. Industrial Applicability ...