An Invention Must Be New to Obtain a Patent. What is New?
• Novelty Can Be the First Invention in the Field or an Improvement on an Old Idea • Novelty Can Depend on Where You Are – In most of the world, an invention is no longer considered new once the invention is sold or published. In the U.S., an inventor has 12 months after sale or publication to file an application (see 35102(b)) or rights to the invention are lost (dedication to the public domain). • Novelty Can Depend on What You Did with the Idea. As mentioned above, showing (publication) or selling your invention can be considered contribution of the invention to the public domain. • Novelty Can Depend on How Hard You Tried to Complete the Invention. 35102(g)(2) allows someone who thought of an idea (conception) after you to claim the invention if you were not diligent in confirming the invention (reduction to practice). Reduction to practice can be by actually making or using the invention; or by filing a patent application that describes how someone could practice the invention (co
