Chapter VI – Novelty
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7. Examination of novelty

Overview

7. Examination of novelty 

In determining novelty of the subject-matter of claims, the examiner should remember that, particularly for claims directed to a physical entity, non-distinctive characteristics of a particular intended use should be disregarded. For example, a claim to a substance X for use as a catalyst would not be considered to be novel over the same substance known as a dye, unless the use referred to implies a particular form of the substance (e.g. the presence of certain additives) which distinguishes it from the known form of the substance. That is to say, characteristics not explicitly stated, but implied by the particular use, should be taken into account.

A known compound is not rendered novel merely because it is available with a different degree of purity if the purity can be achieved by conventional means.

GL/ISPE 12.05

7.1 Second or further medical use of known pharmaceutical products
7.2 Second non‑medical use
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