The principle of novelty in patent law is a cornerstone in determining whether an invention qualifies for patent protection. A fundamental requirement for patentability, novelty ensures that the invention is genuinely ne

The principle of novelty in patent law is a cornerstone in determining whether an invention qualifies for patent protection. A fundamental requirement for patentability, novelty ensures that the invention is genuinely new and has not been disclosed in any form before the date of filing. Judicial precedents have shaped the legal understanding of novelty, as evident in Ganjendra Nath Banerji v. Dhanpal Das Gupta, AIR 1945 in which the court ruled that no fixed rule can define what constitutes an invention. Instead, the assessment depends on whether the claimed invention represents an unexpected advancement beyond the ordinary progression of a given field. If a person skilled in that trade could have arrived at the claimed invention through routine developments without an inventive step, the invention lacks novelty. However, novelty does not always reside in the final product; it may exist in the manufacturing process, making procedural innovations patentable even if the resulting product is known. Additionally, a novel combination of previously known elements may be sufficient to establish novelty if the combination results in a synergistic effect rather than a mere aggregation of known features. For a patent to be granted, an applicant must not only demonstrate an improvement upon the prior art but also prove that the improvement contributes significantly to the existing body of knowledge. The novelty of the invention must be explicitly stated in the claims section of the patent application, as this defines the legal scope of protection and distinguishes the invention from prior art. The emphasis on novelty ensures that patents are granted only for genuine innovations, thereby promoting technological advancement and economic progress. Answer the following: "A new variety shall not be registered under the Plant Varieties Protection and Farmers' Rights Act, 2001 unless it satisfies certain criteria". Explain the meaning of new variety and the criteria required in this regard.