Patents - Novelty
A patent is a granted right to an invention defined in patent claims. However, you cannot claim what is already known.
The principle of a patent is to grant you a monopoly, for a fixed period, as a reward for your effort in inventing something new, and hence novel. Hence you cannot just go and re-patent something already known. However you can improve something which is already known. If your improvement is new, and not obvious, then you will be able to patent your improvement (provide it comprises patentable subject matter). Most patents are for improvements to known products and processes.
Most patent applications are subject to an examination process which includes determining if the patent claims include that which is already known. If they do then the patent applicant will need to amend the patent claims so they don't.
Patent and literature searching are usually conducted to determine whether patent claims include known subject matter. This should be an ongoing process as it affects the viability of developing a new invention as much as whether patent protection is obtainable, or the likely extent of any granted patent protection.
However, the biggest threat to most inventors is being tripped up by their own prior-disclosures.
It is good policy to NOT disclose your invention prior to a patent application being filed, regardless of the novelty requirements of your country (always assume that overseas patent protection might be required later).
Consider developing your invention in secret, and conducting searching, to assess the viability of proceeding with the invention. Starting the patent application process sets the clock ticking for future deadlines. One consideration is to ensure your R&D, and any subsequent required commercialisation, can meet these deadlines.
There is an exception to delaying starting the patent application process until after preliminary assessment and viability checks have been completed. That exception is when you are aware or concerned that others might be working on the same invention. In which case it is paramount you establish a priority date before your competition. First in, first served.
If there has been disclosure, some countries do provide a grace period - often up to 12 months before having to file a patent application. However your protection may be limited only to countries which provide this grace period.
Summary
A patent is a granted right to an invention defined in patent claims. However, you cannot claim what is already known.
The principle of a patent is to grant you a monopoly, for a fixed period, as a reward for your effort in inventing something new, and hence novel. Hence you cannot just go and re-patent something already known. However you can improve something which is already known. If your improvement is new, and not obvious, then you will be able to patent your improvement (provide it comprises patentable subject matter). Most patents are for improvements to known products and processes.
Most patent applications are subject to an examination process which includes determining if the patent claims include that which is already known. If they do then the patent applicant will need to amend the patent claims so they don't.
Patent and literature searching are usually conducted to determine whether patent claims include known subject matter. This should be an ongoing process as it affects the viability of developing a new invention as much as whether patent protection is obtainable, or the likely extent of any granted patent protection.
However, the biggest threat to most inventors is being tripped up by their own prior-disclosures.
It is good policy to NOT disclose your invention prior to a patent application being filed, regardless of the novelty requirements of your country (always assume that overseas patent protection might be required later).
Consider developing your invention in secret, and conducting searching, to assess the viability of proceeding with the invention. Starting the patent application process sets the clock ticking for future deadlines. One consideration is to ensure your R&D, and any subsequent required commercialisation, can meet these deadlines.
There is an exception to delaying starting the patent application process until after preliminary assessment and viability checks have been completed. That exception is when you are aware or concerned that others might be working on the same invention. In which case it is paramount you establish a priority date before your competition. First in, first served.
If there has been disclosure, some countries do provide a grace period - often up to 12 months before having to file a patent application. However your protection may be limited only to countries which provide this grace period.
Summary
- You can only patent something new
- You can patent new improvements to something already known
- Keep your invention secret before a patent application is filed
- Filing a patent application sets future deadlines. Ensure your other processes can meet these deadlines
- The person who files first generally has first rights to the invention
- Do not rely on novelty grace periods except as a last resort. It limits your options.