Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money.”

ParrisWhittaker

Access all documents on Local novelty

Local novelty meaning

Published by a LexisNexis IP expert
What does Local novelty mean?
Local novelty describes, in patent practice, a novelty test under which an invention is new if it has not been made available to the public within the particular jurisdiction. It is a comparative-law label rather than a UK or Irish legal standard. In England and Wales, Scotland and Northern Ireland, novelty is absolute: the state of the art comprises all matter made available to the public anywhere in the world before the priority date (Patents Act 1977, s.2(2); EPC art 54). The same approach applies in Ireland (Patents Act 1992, s.11; EPC). Accordingly, disclosures by publication, use or sale outside the UK or Ireland will destroy novelty just as much as domestic disclosures; there is no local novelty safe harbour. The term may appear in legal commentary when contrasting systems, assessing international prior art, or advising on patent filing strategy, but it is not defined in UK or Irish statute or case law. Practical significance: maintain global confidentiality until filing, manage public disclosures, and do not rely on foreign-only activity to preserve patentability in the UK or Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.