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 Introduction.

For novelty, a citation is construed as at its date of publication to the exclusion of information subsequently discovered. For inventive step, the citation is construed by the person skilled in the art when trying to solve the problem, i.e. at the priority date of the claims being examined. This means that for the purposes of inventive step, the disclosure of a citation may be effectively extended by having regard to subsequent common general knowledge in Australia developed in the period between the publication date of the citation and the priority date of the claim under consideration.