2.4.5.2.4 Errors in the Citation

Date Published

Where there is an error in a citation, that error is not to be given a literal interpretation. In particular:

  • if the skilled addressee would have recognised the error, but knew how to correct it, the corrected version is disclosed, but the original version is not;
  • if the skilled addressee would have recognised the error, but not known how to rectify it, the matters relating to that error and its correction have not been disclosed; and
  • if the skilled addressee would not have recognised the error, the matters relating to that error have not been disclosed.

Thus, where the product of a method has been incorrectly identified:

  • a later claim to the incorrectly identified substance is novel; and
  • a later claim to the substance actually produced by the method is novel, unless there is evidence that the method has actually been used (see 2.4.6.4 Mere Paper Anticipations).