Novelty: meaning and underpinnings in United States and Europe

Shubham Banerjee
Kent Law School, University of Kent


The patent is an important branch in the sector of the Intellectual Property law. The invention rather than original work, new creations, distinctiveness and the notion of recognition separates the patent from the other subject matters of the Intellectual Property rights. However, the description of the patent sometimes becomes ambiguous when questions of the discovery and invention, and invention and inventive steps arise. Moreover, the enactment of the patent law from the perspective of the national laws creates the disparity between two national frameworks. This article is an attempt to reflect on the relative meaning of the patent in the United States of America and Europe. The article critically analyzed on the requirements of patentability and the extent of protection in those jurisdictions. In doing so, key points of considerations such as, the background of the patent and relevant provisions on the patents in the United States and Europe, and their justifications have been discussed upon with relevant suggestions at the end. On the other hand, the article tries to find out loopholes in the statutory frameworks if any existing in the US and Europe

Keywords: Patents, Novelty, Intellectual Property Rights, IPR, Inventions

Preferred Citation:

Shubham Banerjee, Novelty: meaning and underpinnings in United States and Europe, The LexWarrier: Online Law Journal, (2020) 3, pp. 95 – 106, ISSN (O): 2319-8338

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