IPA patent 8.12.1-introduction — IP Australia Patent Manual of Practice and Procedure – 8.12.1 Introduction

Also in this Chapter: 8.12.2 Balance of Probabilities The Act requires that, before accepting an application for a standard patent or certifying an innovation patent, the Commissioner must be "satisfied" that the criteria for novelty and inventive step (innovative step) are met. For all other objections, the Act requires that the Commissioner "considers" that there is no lawful ground of objection. In practice, this means the threshold test for assessing novelty, inventive step and innovative step is the standard based on "balance of probabilities". For all other objections, the applicant should be given "the benefit of the doubt". The relevant test, whether it is "balance of probabilities" or "benefit of the doubt", should be applied.