By Jagannathan Arumugam
In general, patents are territorial, as a patent is a set of exclusive rights by a Government body granted to an inventor over an invention for a limited time period in return for disclosing the invention to the public. Even though each country follows a different procedure for granting a patent, all of them have agreed to implement a common set of requirements for granting a patent, which is novelty, inventive step and industrial applicability.
Novelty has a peculiar quality when compared to inventive step and industrial applicability. In order to kill the inventive step of an invention, information disclosed in any part of the world by any person can be used. On the other hand, the novelty of an invention can be destroyed using the information disclosed by the inventor before filing a patent application for the invention. In layman’s words, an invention is considered to be ‘Novel’ or to satisfy the ‘Novelty’ requirement, if it has not been known to the public before a patent application is filed by the inventor at a patent office.