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IPA patent 8.5.7.4-does-the-document-constitute-a-single-source
IPA patent 8.5.7.4-does-the-document-constitute-a-single-source — IP Australia Patent Manual of Practice and Procedure – 8.5.7.4 Does the Document Constitute a Single Source of Information
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Also in this Chapter:
8.5.7.1 Ascertained
8.5.7.2 Understood
8.5.7.3 Regarded as Relevant
8.5.7.5 Could the PSA be Reasonably Expected to Have Combined the Documents to Solve the Problem
Key Legislation:
Patents Act:
s7 Novelty, inventive step and innovative step
Related Chapters:
5.6.4.4 Single Source of Information - Combination of Documents
Under s7(3), any prior art information used to establish a lack of inventive step has to be made publicly available in either:
a single document or through doing a single act; or
two or more related documents or doing two or more related acts, if the relationship between the documents or acts is such that a person skilled in the art would treat them as a single source of that information.
Some guidance on when two or more documents constitute a single source of information is provided in Nicaro Holdings Pty Ltd v Martin Engineering Co , 16 IPR 545 . The conditions are the same as for novelty and are discussed in 5.6.4.4 Single Source of Information - Combination of Documents .
