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To be granted a patent, an invention is required to

  • be novel
  • result from an inventive step
  • have commercial applicability

Why "novel"? Every inventive step will, necessarily, lead to something "new", no?

I can understand, that not everything that is new, is based on an inventive step.

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1 Answer 1

The way to think of the criteria is that the test for novelty comes before the test for inventive step (in U.S. this is expressed as "non-obviousness" which is similar but not exactly the same as what most of the rest of the world calls inventive step.) Is it new? Is a clearer question. After you pass that then the harder and more subjective question of obviousness come up.

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