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Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.[1]

Under the European Patent Convention (EPC), European patents shall be granted for inventions<

Under the European Patent Convention (EPC), European patents shall be granted for inventions which, among other things, are new. The central legal provision governing the novelty under the EPC is Article 54 EPC.

United States

In the United States the four most common ways in which an inventor will be barred under Section 102 are:[In the United States the four most common ways in which an inventor will be barred under Section 102 are:[citation needed]

  1. by making the invention known or allowing the public to use the invention; or
  2. having the invention published in a fixed medium (such as in a patent, patent application, or journal article); or
  3. if the invention was previously invented in the U.S. by another, who has not abandoned, suppressed, or

    In U.S. patent law, a claim lacks novelty, and anticipation occurs when one prior art reference or event discloses all the features of a claim and enables one of ordinary skill in the art to make and use the invention. The term "features" in this context refers to the elements of art of the claim or its limitations as explained in the all elements rule.

    A prior art reference must not only disclose every feature of a claim, but must also disclose the features arranged or combined in the same way as the claim.[12][[12][jargon]

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