Novelty Standard For Patents: What is A Novelty Rejection?

[@curtisfarrington2892]

Thank you for all the great information on patents.

[@PatentsDemystified]

You bet! Glad you are finding these videos useful.

[@zurichsee706]

Would it be novel invention a mechanism that is partially or totally covered/described on the first claim of an accepted patent; but looking at the drawings they have different geometries and elements that are covered in other claims. I think the answer is clearly yes, it's novel. I have thought of some mechanisms that just add elements to existing inventins, whose patents have so many claims: 10 -20 claims........... where it could be relatively easy to just take the first claim principle and add some elements with its claims. Wouldn't make more sense to kind of split the patents in "subpatents" instead of using the many-claim-principle?

[@PatentsDemystified]

I'm not quite sure I understand what you are asking. For novelty, it's a question of whether the claims of your patent application are new in view of the prior art, and for prior art that is issued patents or pending applications, this is entire drawings and description and not the claims of the prior art. The claims of prior art are pretty much never references because by definition they are within the scope of the description and drawings. In other words, Examiners cite the drawings and description of issued patents and applications against your claims and not the claims of the prior art. (This video discuss claims just in case there is any confusion kzbin.info/www/bejne/kH-4dpt5qcaoma8) Additionally, keep in mind that novelty is only one of the requirements - the new elements would need to also be non-obvious, which is a harder test than novely. I'm also not clear on what you mean "subpatents" and "many-claim-principle" could you explain what you mean by that?

[@zurichsee706]

​@@PatentsDemystified Sorry for my other bad explanation in English. It makes sense. It would be illogical if the claims did not refer to the geometries themselves as they are. In relation to the issue of subpatents, in inventions with certain complexity that require many claims, I was referring to the possibility of dividing the patent in "subpatents" grouping the many claims so that such technology goes in one patent and such goes in another patent. I think I saw that in another video of yours, I think. Thank you very much

[@PatentsDemystified]

It's most cost effective to have claims that cover as much as possible in a single patent, and if I'm understanding your question correctly, you can effectively get "subpatents" with the right independent and dependent claims (I should make a video on independent vs. dependent claims). However, you are only allowed to claim one "invention" per patent application so it's often necessary and desirable to file multiple applications on many different "inventions" that might be described together in the same description and drawings. This is typically done by filing what are called "continuations" that have the same description and drawings, but allow you to claim different inventions or to try to get broader protection for a given invention. Continuations are a powerful and cost-effective way to expand a patent portfolio over time. Hope that answers your question.

[@ReetuJenny]

if i apply for a patent,and immediately sell my product,can people copy my product idea until the patent is granted? if so how can i sell safely?

[@PatentsDemystified]

You don't have enforceable rights until your patent application issues as a patent, but you get a priority date as of when your application is filed. However, if someone copies your product, you may be entitled to damages as of when your patent application publishes and definitely as of when it issues as a patent. Someone could theoretically sell a product before you get an issued patent, but having "patent pending" status gives them a disincentive to invest in producing and selling the product because they may get shut down and be liable for damages once your application issues. Despite the potential for folks copy a product early on, the best practice is typically to start selling the product as soon as possible after filing your patent application.

[@dexterrolex3510]

Great video, very helpful I have invented a new mechanism for a product, it’s currently in production and soon will be sold in US. But someone couple month ago started selling this product with the same mechanism in UK(probably leaked from from supplier). They didn’t filed any patents in US nor in UK just listed a product on the website. Do you think I can obtain a patent for the mechanism in US? or it’s already too late Thank you

[@PatentsDemystified]

Thanks! I would definitely suggest filing a provisional patent application as soon as possible to try to cover the mechanism. It first depends on how similar their product/mechanism really is. Also, even if it's identical, it might still be protectable at least in the US if this other person obtained their disclosed product directly or indirectly from the inventor (i.e., you). If you can show that it leaked from the supplier based on your invention then you might still have patent rights. I would suggest talking with a patent attorney about the specific details, which could make a difference.

[@JMAN1227]

Hey man i was wondeirng if you had an email/ig that i could reach out to you on i have some questions regaridng the field of patent law

[@zurichsee706]

Put your questions here. He answers really good.