Novelty & Non-Obviousness As Concepts Of Patent

The fundamental principle of Patent Law in India is that a patent is always granted for an invention, which is novel, new, non-obvious and useful. Inventive step without novelty is myth.¹

Novelty and Non – obviousness are the criteria which provides different functions and add to different characteristics of intellectual product. Novelty is needed for a patent claim to be patentable and to rearrange the concept in the intellectual property. The basic aim for novelty and originality is to get preserved just like nonregistered designs.² For a patent primary novelty and obviousness is key concept and an invention will not be part of it because invention is not new and its already known to the public, that is why the aim of the novelty requirement under patent laws is to prevent prior art from being patented gain >³ or it has not fallen in public domain or that it does not form part of the state of the art.