Legal Definitions - Novel

Novelty refers to something that is new and original. In the context of patents, novelty is a requirement for obtaining a patent. An invention may fail the novelty test for various reasons. For example, if the invention was known or used by others in the United States before the claimed invention date, it cannot be considered novel. Similarly, if the invention was patented in any country more than a year before the present patent application, it cannot be considered novel.

• A new type of smartphone with a foldable screen is considered novel because it is a new and original idea that has not been seen before.
• However, a smartphone with a regular screen and no new features cannot be considered novel because it is not a new or original idea.
• If someone tries to patent an invention that has already been patented in another country more than a year ago, it cannot be considered novel and will not be granted a patent.

These examples illustrate how novelty is a requirement for obtaining a patent and how an invention must be new and original to be considered novel.