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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
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
non-obvious combination.
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