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Can someone explain to me the meaning of novelty only prior art, and the difference between this and regular prior art? Thanks.

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  • Is this in the context of a non-US prosecution?
    – George White
    Aug 10, 2022 at 17:45
  • You have a relevant discussion about this topic here. It refers to the European patent practice but could be valid for many other jurisdictions. Aug 11, 2022 at 14:44
  • @theEuropeist you might post that as an answer
    – George White
    Aug 12, 2022 at 1:09
  • Can you link to where you've seen that phrase? Could it have been "novelty over prior art"?
    – Eric S
    Aug 15, 2022 at 19:01

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You have a relevant discussion about this topic here. It refers to the European patent practice but could be valid for many other jurisdictions.

Pretty much, the novelty requirement is meant to avoid 2+ patents on the same subject-matter in a same jurisdiction, otherwise a third party will have to get 2+ licenses for the very same subject-matter, which is unfair given that they are for the same invention. By limiting the novelty requirement to patents and patent applications of a same jurisdiction you could have the same monopoly in the respective jurisdiction and somewhere else, and that somewhere else is not a problem because the third party needs the license per jurisdiction.

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    Link only answers are less that ideal. Perhaps you could summarize the relevant information here.
    – Eric S
    Aug 15, 2022 at 19:02

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