All patents are required to be, among other things, novel. That is, the invention as claimed must, when compared with the prior art base as it existed before the priority date of the relevant claim, be new. Novelty is assessed claim by claim, and a claim that lacks novelty is invalid and liable to revocation, putting licensing deals, freedom‑to‑operate positions, and infringement claims at risk. This Insight explains the concept of ‘novelty’. the key legal tests and sets out practical risk controls for businesses managing their patent portfolios.
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Authors: Tim O’Callaghan, Partner (tocallaghan@piperalderman.com.au) Travis Shueard, Partner (tshueard@piperalderman.com.au) Zara Cox, Lawyer (zcox@piperalderman.com.au) |
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