2.4.4.6 Exclusions

Date Published

Note: This part only applies to information made publicly available before 15 April 2013.  

For information made publicly available on or after 15 April 2013, see 2.4.4.6A Exclusions.

When deciding whether an invention is novel or involves an inventive/innovative step, sec 24(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").