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Q53. Details of Novelty Requirements

Q53. Details of Novelty Requirements
 Explain details of novelty requirements.

A53. Art.29(1) provides that a claimed invention loses its novelty when the invention comes under following cases:
(1) publicly-known
 An invention publicly known in Japan or other countries before a filing date of an application;
(2) publicly-worked
 An invention publicly worked in Japan or other countries before a filing date of an application; and
(3) publication
 An invention described in a document distributed to or utilizable by the public through electric telecommunication lines in Japan or other countries before a filing date of an application.
 Note that “a document” is construed as a medium which have been made for the purpose of disclosure to the public by way of distribution. Therefore, “a document” includes, for example, a microfilm, a floppy disk or other media.
 Further, “described” requires a skilled person technically recognizes the invention subject to the state of the art at the filing date. Therefore, “an invention described in a document” refers to an invention recognizable from the explicit description of the document and matters amount to be described therein.
 “electric telecommunication lines” needs to be bidirectional, so one-way telecommunications, such as broadcasting, are not included. Internet connection is included, of course.
 “utilizable by the public” means that the web page including information about an invention is linked from other web pages on the Internet or is placed within search engines and the web page is not inaccessible to the public. “utilizable” does not need actual view by somebody, a “utilizable” state itself can fulfill this requirement.