IPA patent 8.4.3-exclusions — IP Australia Patent Manual of Practice and Procedure – 8.4.3 Exclusions

Also in this Chapter: 8.4.1 Introduction 8.4.2 Prior Art Information ​​​​​​​ 8.4.4 Doctrine of Mechanical Equivalents 8.4.5 Basis of the ＂Whole of Contents＂ Objection Key Legislation: Patents Act: s24(1) Validity not affected by making information available in certain circumstances Patents Regulations: reg 2.2 Information made publicly available--recognised exhibitions reg 2.3 Divisional applications--period When deciding whether an invention is novel or involves an inventive/innovative step, s24(1), reg 2.2 and reg 2.3 provide that certain information made publicly available, through any publication or use of the invention, is to be disregarded. Information to be disregarded includes: the publication of the invention at a recognised exhibition; the publication of the invention in relation to a learned society; the working in public of the invention for the purposes of a reasonable trial; and any publication or use of the invention within 12 months before the filing date of the complete application ("grace period").