Novelty And Inventive Step As Per Israel Patent Law

Novelty And Inventive Step As Per Israel Patent Law

What is a Novel Invention?

An invention is considered new, if not published in public, either in Israel or abroad, before the date of application by description, in writing or in an appearance or by voice or in any other way, in such a way that a person skilled in the art can perform it according to the details of the description

What is Inventive Step? 

Inventive progress is an advance that does not seem obvious to the person of average skill in the art on the basis of the information already published, before the date of application.

Israel Patent Law 

Israel Patent Law the invention must not have previously been published anywhere in the world.

Publishing is understood in this context to be not only a formal paper but can also be a verbal presentation or an image that shows the invention. The “publication” does need to be sufficiently complete so as to allow someone skilled in the art to be able to build the invention.

Difference Between The Novelty And Inventive Step Requirements 

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The Novelty requirement requires an invention to have never before been known to the world, whereas under the Inventive Step requirement, the features of the invention could have previously been disclosed individually, and they are now being combined to provide a new and significant improvement on the prior art.

An example is a classic wooden pencil with an attached eraser.

While the pencil and the eraser were known (and thus not novel under Section 4), the combined device could have been patented under Section 5 of the law as arguably being a nonobvious combination.

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