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Patentability Requirement– Novelty

One of the requirements for receiving a patent on an idea is that the idea must be novel, or new.  This requirement is found at 35 U.S.C. 102.  In general, the novelty patent requirement means that the idea as claimed in the claims of a patent application is not found in a single reference that pre-dates the date of filing of the patent application.  A reference is considered as “anticipating” an invention as claimed if the reference has all of the elements, either expressly or inherently, of the invention as claimed.  If the invention is novel, it has one or more elements or a combination of elements that is/are not found in a single prior art reference.

The Manual of Patent Examination and Procedure (or MPEP as it is commonly called by patent attorneys and practitioners) states that “[a] claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.”  See MPEP 2131.  In order to overcome a novelty patent rejection, typically an inventor must show that each element found in his or her patent application claims is not found in the single reference cited by the patent examiner.

Typically a patent search performed by a patent attorney will provide you with an accurate  opinion on whether or not your invention is novel and the potential for obtaining a patent from any patent application you file.