According to European Patent Office (EPO) rules
If you want to patent your invention, the very first hurdle is novelty. In simple words: your idea must be new to the world. Anything that has already been disclosed—whether in a scientific article, a patent, a brochure, a YouTube video, or even at a public talk—counts as prior art and can destroy novelty .
How is novelty checked?
Patent examiners ask:
Can a skilled person find the same invention, directly and unambiguously, in the prior art?
Some important principles:
- Whole disclosure counts: not only examples but the full content of earlier documents is considered .
- No mixing and matching: you can’t combine bits from different documents to argue lack of novelty (that’s for inventive step).
- Specific beats general: if an earlier text mentions copper rivets, that destroys novelty of a claim to metal rivets (specific → generic). But a disclosure of “metal rivets” does not take away novelty of aluminium rivets or copper rivets.
- Implicit disclosure: sometimes even unstated details are assumed if they inevitably result from what’s written (e.g. using rubber implies elasticity) .
Common challenges
- Overlapping ranges: If you claim a detergent with 3–6% surfactant, but prior art discloses 1–30% with an example at 4.5%, your claim is not novel .
- Selections from lists: Picking one item from two broad lists may be new, but not if the prior art clearly points to your choice.
- Hidden duplicates: Two products may look different on paper, but if they are technically the same, novelty is lost .
- Non-technical features: Purely mental or business ideas (e.g. “selling by email”) cannot establish novelty unless tied to a technical feature.
Pitfalls and how to avoid them
- Publishing too early: Don’t present, post, or sell your invention before filing—your own disclosure can kill your novelty.
- Vague wording: Broad claims can accidentally overlap with old knowledge. Be precise.
- Ignoring “obvious” sources: Even handbooks, dictionaries, and common general knowledge count.
Some examples
- A new coffee mug with a handle is not novel—handles on mugs already exist.
- A self-heating mug that charges wirelessly could be new, if no one has disclosed it before.
- Claiming “any beverage container” won’t help if prior art already describes “mugs”; general wording won’t create novelty .
Key takeaway
Novelty is an absolute concept: your invention must differ in at least one clear technical feature from everything publicly known before your filing date. Careful prior art searching and precise claim drafting are the best tools to safeguard it.
Think of novelty as your invention’s passport to the patent system—without it, you can’t even start your journey.
Home 