• Boolean IP Team

Novelty, Condition For Obtaining A Patent


In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued [by the U.S.] or in an application for patent published or deemed published [by the U.S.], in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. There are certain limited patent law exceptions to patent prohibitions (1) and (2) above. Notably, an exception may apply to a “disclosure made 1 year or less before the effective filing date of the claimed invention,” but only if “the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed from the inventor or a joint inventor.” In patent prohibition (1), the term “otherwise available to the public” refers to other types of disclosures of the claimed invention such as, for example, an oral presentation at a scientific meeting, a demonstration at a trade show, a lecture or speech, a statement made on a radio talk show, a YouTube™ video, or a website or other on-line material.


Sign up for email alerts

Get In Touch

USA/Canada  +1 705 480 1062

UK                   +44 745 128 5260
India                +91 9560 550 680

Email

info@booleanip.com

Office

258 D, Maidan Garhi

IGNOU, New Delhi

India - 110068

  • Grey LinkedIn Icon
  • Grey Facebook Icon
  • Grey Twitter Icon
  • Instagram
Copyright All Rights Reserved © 2019-20 Boolean IP Consulting Pvt. Ltd.