Novelty in historical perspective
Article Abstract:
The US concept of novelty in patent law diverged from the European concept in the 19th century, as illustrated by comparison to France and England. England developed a Statute of Monopolies after Elizabethan times, and novelty was defined by English usage or publication rather than usage or documentation elsewhere. US patent law comes from the intellectual property clause in Article One of the Constitution. The clause was not precise and there was no clear intent to diverge from the English system, but Congress passed a Patent Act in 1790 which resulted in divergence.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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Antecedents
Article Abstract:
English common law on patents began to develop in the second half of the 18th century. Novelty, basically a determination of whether the invention had worked in England within recent memory, was one primary patentability issue. The other major patentability issue was the particular patentable subject matter involved. The first inventor received the patent under the Statute of Monopolies, a rule which eventually raised issues surrounding public disclosure requirements, new manufacturing, and improvement inventions.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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Novelty in historical perspective
Article Abstract:
The American concept of patent novelty diverged from the English definition in an indirect process at the founding of the US. The English allowed patents of importation and only granted patents for English inventions if there was no prior use or publication elsewhere in England. In the US, the requirement for novelty came to mean no prior invention anywhere in the world. Part of the influence for this US definition of novelty came from the lobbying in 1790 of Richards Wells against patents of importation.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
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