Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

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.

share|improve this question
add comment

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.

share|improve this answer
add comment

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.