Novelty
Patent Protection

For an invention or innovation to qualify for patent protection, the innovation must be novel. Novelty in this sense means that the invention must not have been made available to the public.

Novelty is assessed in patent law by reference to the 'state of the art'. If the invention forms part of the state of the art, the invention will not have the requisite novelty.

An invention becomes part of the state of the art when there has been a disclosure sufficient to 'anticipate' the invention. For a patentable process, clear and unmistakable directions to do what the applicant has invented; for a product an enabling disclosure must take place in order for the innovation to form part of the state of the art.