Does the invention exhibit a sense of novelty or newness?

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Does the invention exhibit a sense of novelty or newness?

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Your idea may seem original and unique to you, but in order for your invention to qualify for a U.S. patent, the United States Patent Office (USPTO) must agree. According to U.S. patent law, an invention is novel, or new, if the invention has not: • been described in a printed publication anywhere in the world, or been invented elsewhere before your invention • been described in a printed publication or placed for sale in this country more than a year before your patent application. Furthermore, a patent whilst important does not mean that the concept is completely protected. History is littered with examples of other patents being granted (including in other countries) for the exact same purpose but with a slight variation to the idea or design that another inventor patents. It is essential you fully grasp the risk of this happening and determine how easy it would be to modify your patent and therefore run the risk of an alternative patent being granted.

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