We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.5.2.5.4 Does the Document Constitute a Single Source of Information

Date Published

Note: The information in this part only applies to applications filed before 1 April 2002.

Under sec 7(3), any prior art information used to establish a lack of inventive step has to be made publicly available in either:

  • a single document or through doing a single act; or

  • two or more related documents or doing two or more related acts, if the relationship between the documents or acts is such that a person skilled in the art would treat them as a single source of that information.

Some guidance on when two or more documents constitute a single source of information is provided in Nicaro Holdings Pty Ltd v Martin Engineering Co, 16 IPR 545. The conditions are the same as for novelty and are discussed in 2.4.4.4. Mosaics and Related Documents.

Back to top