IPA patent 8.5.7.3.3-age-of-the-document — IP Australia Patent Manual of Practice and Procedure – 8.5.7.3.3 Age of the Document

Also in this Chapter: 8.5.7.3.1 Document Discloses the Same, or a Similar, Problem 8.5.7.3.2 Document Discloses a Different Problem ​​​​​​​ 8.5.7.3.4 Would the Person Skilled in the Art Have Used the Document to Solve the Problem Key Legislation: Patents Act: s7 Novelty, inventive step and innovative step Related Chapters: 2.13.5 Stringency of Tests During Examination In the first instance, examiners should not exclude a document by reason of its age. However, in some arts a person skilled in the art would not seek assistance from an old document and thus such documents cannot be used as a basis for an inventive step objection. Therefore, at further report examiners should accept persuasive arguments on their merits (see 2.13.5 Stringency of Tests During Examination ).