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What is the noveltyrequirement for patents?




The patent system serves to protect innovation and requires that the invention being patented is something new and not previously existing anywhere in the world. If the technical solution has already been made public, such as through a published book or article, or if the product resulting from the solution has been offered for sale, then it fails to meet the novelty requirement. It's worth noting that what constitutes "something new" can be interpreted in two ways - either as something that did not exist in a certain country (relative novelty), or as something completely new worldwide (absolute novelty). Nowadays, most countries follow the absolute novelty standard. In practical terms, it is not feasible for the applicant to prove that their invention is completely new, so the patent office examiner will conduct a patent search after the application is accepted to determine if it meets the novelty requirement.



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