A strict identity test is required to be applied in assessing novelty.(2 Points)EquivalentsNoveltyNon-prejudicial Disclosure

The statement refers to the concept of "novelty" in the context of patent law. Here's a detailed breakdown of the terms mentioned:

1. Strict Identity Test: This is a rigorous standard used to determine whether two inventions are the same. It requires that all aspects of the invention must be identical; any difference may create a distinction that could support patentability.

2. Equivalents: In patent law, the doctrine of equivalents allows for a party to be found infringing a patent even if the product or process does not fall within the literal terms of the patent claims, as long as it performs substantially the same function in substantially the same way to achieve the same result.

3. Novelty: For an invention to be patentable, it must be novel, meaning it has not been publicly disclosed in any form before the patent application. This concept is crucial in distinguishing between what is considered new and what has already been known in the public domain.

4. Non-prejudicial Disclosure: This refers to instances where an invention is disclosed to the public without harming its novelty status for patent purposes. Certain types of disclosures, such as those made in confidence, can be considered non-prejudicial.

In summary, the strict identity test examines whether an invention is genuinely novel, and the concept of equivalents allows for some flexibility in patent interpretation, while careful consideration must be applied regarding any public disclosures that may affect the novelty of an invention. Understanding the interplay between these concepts is crucial for patent applicants to successfully navigate the complexities of patent law.