Lexipedia

Novelty

Novelty means an invention or design has not been made available to the public before the relevant filing or priority date.

Novelty is a requirement in patent law and other IP regimes such as design protection. For patents, the claimed invention must not be part of the prior art, meaning information made available to the public anywhere before the filing or priority date, whether by publication, use, sale or other disclosure. The test is strict: a single prior disclosure containing all claimed features can destroy novelty. In Switzerland, as in European practice, confidentiality before filing is crucial, and premature disclosure can jeopardize protection.