Novelty is a patent-law requirement that an invention must be new compared with prior art.
In plain terms, an inventor usually cannot receive a patent on something that was already publicly known, used, sold, published, or otherwise disclosed in a way that defeats newness under the applicable patent rules.
Why novelty matters
Novelty is one of the gatekeeping requirements for patent protection. It helps reserve patents for inventions that add something new rather than claiming what the public already had access to.
Novelty disputes can determine whether a patent application is rejected, whether a patent claim survives challenge, or whether a competitor can show that the claimed invention was not new.
Where it appears
Novelty appears in patent applications, patent examiner rejections, office actions, prior-art searches, patent litigation, invalidity defenses, and freedom-to-operate review.
How it differs from nearby terms
Novelty is different from nonobviousness. Novelty asks whether the invention is new. Nonobviousness asks whether the invention would have been an obvious development to a person with relevant skill.
It is also different from prior art. Prior art is the body of earlier disclosures used to test novelty and other patent requirements.
Practical example
An applicant claims a mechanical device, but an earlier published patent shows every element of the claimed device. The patent examiner may reject the claim for lack of novelty.
Related terms
Quick check
Novelty asks whether the claimed invention is new. It is usually tested against earlier disclosures called prior art.