Like Legal Law

DEFINITION OF NOVELTY IN PATENT LAW (Detailed LL.B. Exam Answer) 1. Basic Meaning Novelty means “newness.” In patent law, novelty means that the invention must be new in the eyes of law and must not have been disclosed to the public anywhere in the world before the date of filing of the patent application. 2. Statutory Definition (India) Under Section 2(1)(l) of the : “New invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application. This shows that India follows the principle of absolute novelty . 3. Meaning of Absolute Novelty Absolute novelty means: The invention must not be published anywhere in the world. It must not be publicly used anywhere in the world. It must not be known to the public anywhere in the world. Even a single prior publication in a foreign country can destroy novelty in India. 4. What Destroys Novelty...