Why does the novelty wear off at some point



If you want to check whether an invention and its patent application are really new, you first identify the main claim of the patent application. The novelty is to be tested on him. The dependent claims are initially irrelevant. Their novelty is checked in the "second pass", when one examines whether the main claim of the patent application or the patent can be so limited with their help that it is new and inventive.

The main claim is usually the first claim, i.e. the one that cites the set of claims. However, there are patent applications which have several main claims. This can be seen from the fact that at some point in the chain of subclaims that follow claim 1 there will be a claim that Not to one of the preceding claims referenced back is

The question of whether a patent application meets the requirement of novelty or not is examined on the basis of the main claim. This is usually the first claim. The following patent claims that depend on it are initially irrelevant.

The novelty is to be affirmed if there is no document published before the filing or priority date of the patent application to be examined in the proven state of the art that really does all technical features of the main claim disclosed. Whether a technical feature is important or not is irrelevant when examining the novelty of the patent application: If a previously published document discloses "only" 9 out of 10 technical features of the main claim, then this document is not detrimental to novelty even if the undisclosed feature is unimportant .

The challenge for the layperson is to accurately assess what a pre-published document really reveals from the reading of a patent lawyer. More on the subject of novelty ...