The novelty requirement requires that the invention is the only one of its kind anywhere in the world prior to the date of its creation. This problem is a Catch-22 for software patents. It is widely believed that a very high percentage of the software patents currently in circulation are invalid for this reason. Return to patent main page. Return to patent main page.
Conception is the moment when the concept of how to accomplish the invention first comes to mind.
Conception does not mean every detail and step must have been worked out, but it must be more than a realization that a problem exists. Return to patent main page. An invention must be reduced to practice. Actual reduction to practice is causes the invention to be built. Constructive reduction to practice is the filing of a patent application before the invention is actually built.