| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 102 === For a patent application with a patentable subject matter, novelty is the second requirement for examination after utility requirement. Each year, the number of U.S. utility patents issued to Taiwan assignees has been among top five compared to other countries. Practically speaking, the rejection under novelty is not as many as that of non-obviousness. However, if all of the claims suffer from rejection under novelty, it will be very difficulty to make the argument with the examiner. Therefore, mastering the novelty requirement is crucial to U.S. patent prosecution. The present thesis studies not only the novelty requirements of U.S. patent law, but also case laws related to novelty. Furthermore, the present thesis will also have an overview over the currently-enforced Leahy-Smith America Invents Act (AIA), analyze the novelty requirements, and make an understanding of the strategy of patent prosecution under AIA.
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