The Everyday Dictionary of Law
The Everyday Dictionary of Law provides legal vocabulary currently in use in common law jurisdictions such as most notably, in the United States. The dictionary is compiled specifically for commercial and intellectual property law practitioners, which provides simple definitions and meanings in American English, for legal terms (including Latin terms) used in formal correspondence, court proceedings, and motion practice as well as common language words that are frequently used in the same. It is a simple reference guide for attorneys, paralegals as well as casual readers who need to check the meaning of a particular legal term in due course of their work.
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Novelty
Definition:
Novelty is one of the criteria of patentability in any examination as to substance. An invention is new if it is not anticipated by prior art.
According to Article 33 of the Patent Cooperation Treaty (PCT), novelty is defined as follows: “[f]or the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.” Rule 64.1(a) of the Regulations under the PCT defines “prior art” as “everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) shall be considered prior art provided that such making available occurred prior to the relevant date.”
Article 54 of the European Patent Convention (EPC) defines “novelty” as follows: “[a]n invention shall be considered to be new if it does not form part of the state of the art. The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.”
Section 35 of the United States Code 102 [Conditions for patentability; novelty] defines the concept of novelty as follows: “[a] person shall be entitled to a patent unless — (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.”