IPA patent 5.5.2.3-the-role-common-general-knowledge — IP Australia Patent Manual of Practice and Procedure – 5.5.2.3 The role of common general knowledge

Also in this Chapter: 5.5.2.1 Initial considerations ; 5.5.2.2 The addressee ​​​​​​​ 5.5.2.4 The invention described​​​​​​​ Key Legislation: Patents Act: s7 Novelty, inventive step and innovative step s18 Patentable inventions​​​​​​​ Related Chapters: 5.6.4 Citations: Prior art base and construction of prior art ; 5.6.5 Novelty, Whole of Contents, and Secret Use ; 5.6.6.4 Assessment of Inventive Step 5.6.7 Full Disclosure, Sufficiency, Clarity, Support and Usefulness (s40) 5.6.8 Patent Eligible Subject Matter (Manner of Manufacture) Construing a specification role of Common General Knowledge Examiners need to construe the specification in light of the common general knowledge (CGK) and the state of the art at the priority date of the application . ​​​​​​​ ( Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd and others ( 2001) 207 CLR 1 at page 16). CGK is knowledge which every worker in the art may expected to have as part of their technical background ( Automatic Coil Winder Co Ld v Taylor Electrical Instruments Ld (1944) 61 RPC 41 at page 43). The CGK is a combination of training, experience, observation, and reading. Unlike the courts, examiners usually do not have the benefit of direct evidence from a PSA about the CGK. Therefore, examiners need to draw on a range of existing written sources, such as standard handbooks, to establish what the relevant CGK is.