Novelty And Inventive Step As Per Israel Patent Law

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Novelty And Inventive Step As Per Israel Patent
Law
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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

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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.

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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.

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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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