Novelty

Question 1

Three types of novelty

Answer 1

Absolute novelty (Publish + Use Anywhere: UK/EPC)

Relative Novelty: (app made anywhere, use in jurisdiction): used to be US and China

Local novelty (pub or use in jurisdiction): Used to be New Zealand

Question 2

Priority Date

Answer 2

Date of filing of the application, or date of filing of earlier app for same invention

Date on which novelty is judged (i.e Determines what the state of art)

Defines various timelines (E.g. 18 months of publication)

Question 3

Prior Art

Answer 3

Something that existed in the state of the art before priority date of invention

Question 4

Anticipated

Answer 4

Some piece of prior art affects the novelty of the invention

Question 5

Possible fetters to anticipation

Answer 5

Non-disclosure agreement

Duty of confidence

Question 6

Enablement

Answer 6

Ordinary PSA would have been able to perform the invention which satisfies the requirement of disclosure (equates to sufficiency)

(Synthon)

Question 7

EPO Novelty

Answer 7

ARTICLE 54 EPC

(1) invention = new if it does not form part of the state of the art
(2) State of the art comprises everything made available to the public by means of a written or oral description, by use or in any other way before the priority date of the present invention

Question 8

Types of disclosure

Answer 8

In Documents
In meetings
In drawings
On internet

Question 9

Unpublished applications

Answer 9

Sec 2(3) PA 77
Disclosure of unpublished patent shall form state of the art if:

(a) matter contained in the application both as filed and as published
(b) Priority date of the unpublished app is earlier than that of the present invention

Question 10

Non-prejudicial disclosures (UK)

Answer 10

S. 2(4) 77

Grace period of 6 months from disclosures for:

(a) disclosure was made by obtaining unlawfully
(b) disclosure was made in breach of confidence
(c) disclosure was made at international exhibition and applicant states this when filing and provides written evidence

Question 11

Non prejudicial disclosures (EPO)

Answer 11

Art 55 EPC

6 month grace period for disclosures where:

(a) evident abuse of the applicant (or legal predecessor)
basically breach of confidence

(b) Disclosure was made at an officially recognised international exhibition

Question 12

Infringement test for anticipation

Answer 12

For prior art to anticipate an invention, it must disclose subject-matter which, if performed, would result in the infringement of the patent.

(Synthon)