2.4.1 Introduction

Date Published

The decisions of the full bench of the Federal Court in Werner v Bailey Aluminium 13 IPR 513, and Nicaro Holdings v Martin Engineering 16 IPR 545, review the historical development of the law of novelty in Australia. These decisions clearly suggest that the ruling of the High Court in Griffin v Isaacs (1938) 12 ALJ 169; 12 AOJP 739, effectively lost its relevance upon the commencement of the 1952 Act in 1954.

Consequently, examiners should apply the "reverse infringement test" when assessing novelty. The test for novelty expounded in Griffin v Isaacs supra, is not to be used.