Is a technology's "novelty" determined internationally, or only regarding US patents?

Question

Hi! We are a small team of MEMS engineers based in Austin, TX. We are launching a company focusing on smart systems tech.

Regarding IP protection, would a patent be our best choice? Regarding the "novelty" of the technology, does this take into account developments in other countries, or only patents in the country in which our patent would have effect, meaning the US?

Answers: 3 public & 0 private

Johnjarrell headshot 2014 comp
Subject Matter Expert

Remember that all science publications and patents are not in English. This can be an issue later on in the process. Russian and Japanese language publications can come to haunt you...

Steven weinrieb
Patent Attorney

When you file a US patent application, any publication - literature, US patents, or patents from any other country - are considered in determining the novelty, as well as "obviousness" or "inventive step" with respect to your claimed invention.

Petersonprofilepic
Patent Attorney

Yes, patents would be your best choice for protecting your smart systems tech. Regarding "novelty," the prior response is correct in that all publications are considered.

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