On The Novelty Of The Patent

In the ages of the knowledge-based economy, knowledge is the decisive factor to the economic growth. The knowledge invention and the technique innovation is the basic driving force to the development of business enterprises, society and nations. After joining the WTO, China faces the fierce competition in a more open and broader market. The patent law plays an unreplaced role in the knowledge innovating, technique innovating and the protection of the business enterprises.An Invention, in order to be authorized the patent right, needs satisfy the qualifications that the patent law provides for, that is novelty, creativeness, utility. The benefits balance between the inventor, designer and the society is determined by the value mindset of the national macroscopic national technique policy, also inevitably under the influence of the national leading thought of importing foreign advanced technique policy and the influence of the tendency of the international patent system, and is binded by the international treaty that China has acceded and will accede.The substantive requirement for a patent for an invention or a utility model is one of the core parts of the patent law. The examination of the patent authority, the examination of the patent invalid and the judgment of the patent cases all relate to the applyment of the substantive requirement for a patent for an invention or a utility model. Novelty is the based requirement of the patent right. The main purpose of putting the patent law into practice is to encourage people to inventand create, to promote the social economic and technical development. It's not necessary to give patents protection to the inventions that people have already known. This is also the essential reason to the criterion of novelty.These are a little special subject theses research papers about novelty, so it needs systematic and integral research on novelty. This thesis tries to build up the basic principle system of determination of novelty through combining the international patent novelty theories and the national cases of the patent examination.The thesis is divided into four parts.The first one mainly analyses the definition of novelty and essential principle to determine the criterion of novelty. A patent for an invention or a utility model applied for must be of novelty, which is decided by the nature of the patent law.The second part gives four basis conceptions relevant to novelty: prior art, conflicting application, contrastive papers, equivalent substitution.The third part introduces the basis criterion for determination of novelty: time limit for novelty, terraces limit for novelty, disclosure limit for novelty. In the part of the disclosure limit for novelty the article analyses disclosure by publication, disclosure by use and disclosure by other means.The last part of this thesis is about the exception to loss of novelty, which includes the scope of application about exception to loss of novelty and effects of exception to loss of novelty.