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 ♦Commented Aug 10, 2022 at 17:45
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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.– the EuropeistCommented Aug 11, 2022 at 14:44
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@theEuropeist you might post that as an answer– George White ♦Commented Aug 12, 2022 at 1:09
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Can you link to where you've seen that phrase? Could it have been "novelty over prior art"?– Eric SCommented Aug 15, 2022 at 19:01
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1 Answer
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.
answered Aug 12, 2022 at 11:51
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1Link only answers are less that ideal. Perhaps you could summarize the relevant information here.– Eric SCommented Aug 15, 2022 at 19:02