Prior Art Base

Date Published

Note: The information in this part only applies to standard patent applications with an examination request filed before 15 April 2013.  For all other standard patent applications, see Prior Art Base.

The prior art base for inventive step is a subset of the prior art base for novelty (see Prior Art Information). It includes all prior art forming the prior art base for novelty, except for Australian patent documents which can only be used for an objection of lack of novelty on a "whole of contents" basis.

While the prior art base for both novelty and inventive step includes information made publicly available through doing an act (whether in or out of the patent area), examiners are precluded from using such information in their assessment of novelty and inventive step (sec 45(1A) and sec 48(1A)).