Relative novelty Definition

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GLOSSARY

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What does Relative novelty mean?

Relative novelty, in patent law, means that an invention is new if it has not been used in the jurisdiction or published anywhere in the world.

This is the standard of novelty used in, for example the United States. A patent will only be granted where, amongst other things, a patent is novel.

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Patent invalidity and revocation

This Practice Note discusses the grounds for patent invalidity and revocation under the Patents Act 1977 (PA 1977), focusing on lack of novelty (anticipation) and insufficiency. It also explains the key terminology which is relevant to patent validity considerations, such as the priority date, the person skilled in the art (or the skilled addressee) and common general knowledge (CGK).The rationale behind patents, which protect new inventions, is that they encourage innovation because they reward the patent owner with 20 or more years during which they can prevent others from infringing their patents, that is, making, using, importing or selling the invention without permission. For more information, see Practice Note: Patent infringement.A patent is granted following a formal application and registration procedure. During this process (which is referred to as patent prosecution), the patent application is examined by a patent examiner at the relevant intellectual property office (eg the UK Intellectual Property Office and European Patent Office (EPO)) to check whether the invention claimed is patentable (ie satisfies the patentability criteria)...

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Member with protected person status not entitled to deferred early retirement pension on redundancy following TUPE transfers (Mr Y, CAS-11778-X7B6)

Pensions analysis: The Deputy Ombudsman has rejected a complaint about a deferred early retirement pension payable following redundancy. Martin Scott of gunnercooke LLP looks at the decision.

Canada—Crypto exchanges—lessons to be learnt from QuadrigaCX

Law360: On 31 January 2019, a Canadian cryptocurrency exchange reported it had lost access to about US$150m in customers’ holdings. The exchange, QuadrigaCX, which was the largest by volume in Canada until last month, held cold (offline) storage wallets on behalf of its customers containing keys to cryptocurrencies like bitcoin and Ethereum. The ability to transfer these cryptocurrencies requires access to a private key, which may be held in a wallet. If the key is lost, so is access, potentially permanently.

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