Novelty report: not a final verdict, but an exciting milestone towards a strong patent
In a series of blog posts, Marco Coolen gives an insight into his work as a Dutch and European patent attorney at AOMB.
Published on January 19, 2025
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
The moment you receive a novelty report for your patent application is always exciting. This report, prepared by an independent patent authority such as the Netherlands Patent Office, gives you insight into how unique your invention really is. It not only determines whether you are on the right track but also helps you refine your application.
First things first: what exactly is such a novelty report? It is a mandatory part of any patent application. It examines whether your invention is already described in existing documents, such as previous patents, scientific publications, or technical manuals. This report answers the question, “Is my invention really new?”
It is a crucial tool because it gives you a picture of where you stand. The report typically includes a review of relevant previous documents and an assessment of how your invention relates to them.
When your invention already seems to exist
Sometimes, it happens: a document in the novelty report seems to already fully describe your invention. This may feel like your patent dream is collapsing, but it is essential to realize that this does not have to be an end. Instead, the novelty report gives you a chance to make timely adjustments.
For example, if a part of your invention already exists, you can shift the focus of your application to the unique aspects not yet covered. Or you can demonstrate that your application of an existing technology is surprising and inventive. The key is to respond smartly to the feedback you receive.
The World of Patents
With the help of Dutch and European patent attorney Marco Coolen (AOMB) we get a better understanding of the world of patents. How do they work, why are they important, but also: when do they lose their usefulness?
View The World of Patents SeriesMore than good or bad news
So, a novelty report is not a final verdict but rather a milestone. The report gives you insight into potential obstacles and shows you where the weaknesses in your application are. With this, you can strengthen your patent application before its final review.
For example, consider clarifying technical details or adjusting your claims to be more specific and substantiated. This process ultimately makes your patent more robust and resistant to infringement or legal challenges.
The value of a stronger patent
A strong patent is more than a legal formality. It is a strategic tool that protects your competitive advantage and makes your company more attractive to investors and partners. By carefully handling the novelty report, you can ensure that your patent is not only granted but also provides maximum value in the marketplace.
Indispensable part
The novelty report is an indispensable part of your patent process. It not only gives you insight into the novelty of your invention but also offers the opportunity to improve your application in time. Do not see the report as a final judgment but as a tool to make your patent stronger and more valuable.
That means you should prepare well to read that exciting report. The better you interpret it, the higher your chances of taking your patent to the next level. The result? A solid foundation for the protection and growth of your innovation.