Novelty

Novelty is a patentability essential which is well-defined in the patent laws of most of the member states of the World Trade Organization. Nothing can be patented that is not new. Although novelty is basic to patentability, different concepts of novelty exist throughout the different patent systems worldwide. The most straightforward is that of ''absolute novelty,'' which is, e.g., applied by the European Patent Convention (EPC) in Art. 54 EPC.

The definition of the state of the art given by the EPC is very broad. It is held to comprise everything made available to the public via written or oral description, by use, or in any other way, before the date of filing of the European patent application (or the priority application). The state of the art, according to EPC, is not locally restricted. When examining the claims of the patent application with regard to their novelty, the European Patent Office will consider a prior publication of the invention irrespective of whether the publication took place in one of the member states of the EPC or elsewhere.

In contrast to the EPC, the statutory standard for novelty in the United States, according to 35 U.S.C. section 102, gives a negative definition of novelty and grants a grace period of one year, in which a publication of the invention by the inventors will not be considered relevant to novelty.

The different definitions of novelty throughout these important patent systems have very significant consequences. An invention may be novel in the United States, even if it lacks novelty in the terms defined by the EPC.

Getting Started With Dumbbells

Getting Started With Dumbbells

The use of dumbbells gives you a much more comprehensive strengthening effect because the workout engages your stabilizer muscles, in addition to the muscle you may be pin-pointing. Without all of the belts and artificial stabilizers of a machine, you also engage your core muscles, which are your body's natural stabilizers.

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