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8.4.3 Exclusions

Date Published

Key Legislation:

Patents Act:

  • s24(1) Validity not affected by making information available in certain circumstances  

Patents Regulations:

  • reg 2.2 Information made publicly available--recognised exhibitions
  • reg 2.3 Divisional applications--period

When deciding whether an invention is novel or involves an inventive/innovative step, s24(1), reg 2.2 and reg 2.3 provide that certain information made publicly available, through any publication or use of the invention, is to be disregarded.  Information to be disregarded includes:

  • the publication of the invention at a recognised exhibition;

  • the publication of the invention in relation to a learned society;

  • the working in public of the invention for the purposes of a reasonable trial; and

  • any publication or use of the invention within 12 months before the filing date of the complete application ("grace period").

Amended Reasons

Amended Reason Date Amended
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