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Date Published

It follows from the reverse infringement test that:

  • if a citation discloses all the features of a claim, the claim will lack novelty;

  • if the citation does not disclose all the features of the claim, the claim will still lack novelty provided the citation discloses all the essential features of the claim;

  • if an essential feature is not disclosed in the citation, the claim is novel.


  • Nicaro Holdings v Martin Engineering 16 IPR 545;
  • Catnic Components Ltd v Hill and Smith Ltd (1982) RPC 183; and
  • American Home Products Corporation Application [1994] APO 58.  

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