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Questions tagged [novelty]

For questions relating to "novelty," as related to patents. Specifically, the bar for novelty in patents and patent applications, and interpretations thereof.

9
votes
2answers
759 views

Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...
3
votes
1answer
229 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
3
votes
1answer
4k views

Idea that is similar but not identical to an existing patent: how do I evaluate the novelty?

I came up with an idea similar to this one (us20070091093) around the same time and I've read this patent pretty thoroughly. They cover a large part of what my idea is, but I have differences in ...
1
vote
2answers
243 views

Is novelty in every dependent claim a necessity?

In case of an invalidated independent claim, does the dependent claim survive if the added limitation to the now dead independent claim is not inventive? If yes, does that mean that in a long chain of ...
3
votes
3answers
180 views

What is the line between obvious and novel?

I read somewhere that attempts to make the distinction of novel and obvious by If you combine two or more existing things in a way that would make sense to one of skill in the art to accomplish a ...