Prior Art, or Common General Knowledge, Teaches Away From the Solution

Date Published

Where the prior art, or the common general knowledge, teaches away from the claimed solution, the claims will have an inventive step.

However, this will not be the case where the teaching of the prior art is based on an issue which the person skilled in the art would readily:

  • recognise as being erroneous; and

  • be able to correct.

In such cases, examiners must consider the prior art on the basis of the "corrected" disclosure.