2.4.2 Test for Novelty

Date Published

The test for determining whether an invention lacks novelty is the "reverse infringement test" as set out in Meyers Taylor Pty Ltd v Vicarr Industries Ltd (1977) CLR 228 at page 235; 13 ALR 605 at page 611, where Aickin J stated:

"The basic test for anticipation or want of novelty is the same as that for infringement and generally one can properly ask oneself whether the alleged anticipation would, if the patent were valid, constitute an infringement."

Note that the term "anticipation" used here and in the following parts of this chapter is synonymous with "lack of novelty".

Infringement of a claim occurs where "each and every one of the essential integers" of that claim have been taken.

See Rodi and Wienenberger AG v Henry Showell Ltd (1969) RPC 367 at page 391.