Novelty Patent

When acquiring industrial property rights (patents, utility models, designs), one of the main questions is whether the solution is new. The question of novelty in this case means whether there has already been a solution which, in professional language, is part of the state of the art as stated on

For the purposes of judging novelty, whether or not the notifier wishing to obtain the right to the solution was aware of it, any communication, appearance, publication, detrimental to novelty that was made public before the filing or priority date, anywhere in the world.

So in terms of novelty, there is a concept of world novelty, or world-class novelty, that ultimately covers the actual novelty. If there was something already, it was not new, if it was not, it was new. The assessment of novelty has partly different definitions according to the different forms of industrial property protection.

The self-disclosure of the applicant and inventor is also detrimental to novelty, in connection with this the law provides for a grace period in some cases, but does not grant a full exemption, these conditions are detailed in the description of the given form of protection as you can read from

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