What Is Patent Anticipation? | IP Conversations

One of the most important requirements for any invention to quality for a patent is novelty. But how and why can your invention fail to satisfy the novelty requirement?

Read this IP Conversation to find out!”

Hey IP Geek.

Patents need to be novel, which means they must be new. But how exactly is this newness determined? Are there any exceptions to the general rule of novelty?

For an application to be novel, there should be no prior art similar to the invention publicly available before the date of application. Prior art refers to all publications, known techniques, and marketed products.

If you file your invention on September 1st 2023 but if an article has been published about the same invention on August 30 2023, your invention lacks novelty due to conflicting prior art.

This publication can be done by not just a third party, but also the inventor themselves. If any of this happens, the invention is said to be “anticipated”.

There are some exceptions to this as listed in Sections 29 to 34 of the Patents Act.

For example, if anyone unlawfully obtains the information from the inventor and publishes it, it does not count as anticipation.

Similarly, communication by the inventor to the government or public displays in government-approved exhibitions is okay.

But overall, inventors are always advised to keep their inventions secret, and to always use NDAs when sharing details of it with all other people, even fellow inventors, investors or patent attorneys.

I see. That does let me know a little more about how patent anticipation works.

Thanks for the info, IP Geek!