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What are the methods of determining patent novelty?
Release Time：
2022-09-15
How do we distinguish whether a patent is novel or not?
Open standard
Disclosure or not is the main basis for distinguishing new and old inventions, new and old utility model patents, and judging whether the invention or utility model patent has novelty.
The disclosure mainly refers to the written disclosure, the use of disclosure and oral disclosure of three ways of disclosure, that is, to disclose the substance of the invention or utility model in the above ways, so as to achieve people's knowledge. In practice, the examination of the novelty of an invention or utility model usually relies on literature search.
Check whether the approved patent contains the invention or utility model for which the patent is applied, and check whether the published literature contains the invention or utility model for which the patent is applied.
Time standard
The same invention or utility model patent can be independently created by more than two people, then, to determine whose invention has novelty, there is a time standard problem, which is also the second standard to determine whether the invention or utility model patent has novelty.
At present, there are two main time standards in the world:
▶One is the invention date standard，According to this standard, only the substance of the invention or utility model has not been disclosed before the date of invention to be novel.
▶The other is the filing date standard,The invention or utility model is novel provided that the substance of the invention or utility model is not publicly known before the filing date. China implements the application date time standard, and Article 9 of the Patent Law expressly stipulates that "where two or more applicants each apply for a patent for the same invention or creation, the patent right shall be granted to the first applicant".
Regional standard
It mainly refers to the invention or utility model patent that is not publicly known in the legal area, and can be confirmed as having novelty.
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