What is the difference between Novelty and Inventive Step?

As you embark on the exciting journey of securing patent protection, you will encounter two crucial concepts: novelty and inventive step. While they often sound similar, understanding the distinct roles they play is essential for navigating the patent process effectively.
Novelty, simply put, means your invention is entirely new. It cannot have been disclosed, published, or publicly known anywhere in the world before you filed your patent application. Imagine it as the foundation of your patent claim. Novelty is a test of whether a claimed invention is new. If your invention is not entirely new, the entire structure crumbles.
The inventive step, on the other hand, focuses on the non-obviousness of your invention. This does not necessarily mean extreme complexity; rather, it asks if your invention would be considered obvious to a person skilled in the relevant technical field based on existing knowledge, often known as "prior art".

Here's a breakdown of these concepts with real-world examples:

Novelty: You invent a unique self-watering planter that utilizes a built-in reservoir and moisture sensor. This would likely be considered novel as it hasn't been publicly disclosed before.

This invention introduces a new combination of features (reservoir and sensor) not found in existing prior art, demonstrating novelty.

Inventive Step: Let's say you invent a folding bicycle with a unique mechanism that allows for compact storage and effortless unfolding. This could be considered to have inventive step if the mechanism is demonstrably different and non-obvious compared to existing folding bicycle designs.

However, if your invention is simply a bicycle with a slightly modified handlebar design, it might lack inventive step as it's an obvious modification of a known design and wouldn't be considered non-obvious to someone skilled in the field of bicycles.

The order of evaluation is crucial. Patent examiners typically assess novelty first. If your invention isn't novel, there's no need to delve into inventive step. However, if your invention passes the novelty test, the examiner will then evaluate its inventive step based on the specific technical field and the level of non-obviousness it presents.

Understanding these distinctions empowers you to better evaluate your invention's patentability potential. Remember, the patent process involves complexities beyond these two concepts. Consulting Patent attorneys or patent experts can be highly beneficial to ensure your invention receives the strongest possible protection.

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