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Legal Definitions - absolute-novelty requirement
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Definition of absolute-novelty requirement
The absolute-novelty requirement is a rule that an inventor must always file a patent application before the invention is publicly used, placed on sale, or disclosed. This means that the invention must be completely new and not previously known or used by anyone else.
For example, if someone invents a new type of phone charger, they must file a patent application before they start selling it or showing it to others. If they don't file the application first, they may lose the opportunity to patent their invention.
The absolute-novelty requirement is important because it ensures that only truly new and innovative inventions are granted patents. This helps to promote innovation and prevent others from unfairly profiting from someone else's ideas.
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Simple Definition
The absolute-novelty requirement is a rule that says an invention must be completely new and not already known or used by others before it can be patented. This means that if someone else has already patented, described, sold, or used the invention, it is not considered new and cannot be patented. In most countries, including Canada and Mexico, the inventor must file a patent application before the invention is publicly used, sold, or disclosed. However, in the United States, the inventor has a one-year grace period to file a patent application after any public use, sale, offer of sale, or publication by the inventor or the inventor's agent.
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