Utility vs Novelty: AIL 2020 Dilemma
ipr ailet beginner pyq_discussionAILET 2020 Question 5 was quite puzzling - "State the difference between utility and novelty. Also, explain the criteria on which novelty has to be judged."
To be honest, at first glance, it seemed a cakewalk. But scratch the surface, and things get complicated. The question essentially tests the understanding of the twin pillars under which inventions are eligible for patent protection - utility and novelty. Utility refers to the inventive step taken by the inventor - whether it solves a real problem or serves a useful purpose. Novelty, on the other hand, deals with the originality of the invention - whether it's a first-time creation or just a minor variation of an existing idea. The key here is to distinguish between 'obvious' and 'not obvious' in terms of novelty. This requires an analytical mind and the ability to navigate IP complexities.
2 Comments
Bhai, this AIL 2020 question indeed was tricky. To solve it, remember that Novelty gives you +2 marks. Utility is only for answers that solve the problem, giving +4 marks. But utility cannot be combined with novelty. So, if your answer has novelty, just mention that as it is. For utility, elaborate how your answer solves the problem. Keep it simple and focused on the key solution. This approach will help you get the maximum marks.
Aap sabhi ko yaad hai ki AIL 2020 mein utility vs novelty ka sawal aaya tha. Mere vichar mein, judge ke paas yeh sawal tha ki innovation ke liye novelty ka bada value hai ya uski practical use hai. Lekin ek baar apne vichar par dhyan karna, main samjhata hoon ki novelty ka value sirf apne khud mein nahin hai, balki uska practical use bhi bahut mahatvapurn hai.