Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Age of the Document

Date Published

Key Legislation:

Patents Act:

  • s7 Novelty, inventive step and innovative step

Related Chapters:

  • 2.13.5 Stringency of Tests During Examination

In the first instance, examiners should not exclude a document by reason of its age. However, in some arts a person skilled in the art would not seek assistance from an old document and thus such documents cannot be used as a basis for an inventive step objection. Therefore, at further report examiners should accept persuasive arguments on their merits (see 2.13.5 Stringency of Tests During Examination).

Amended Reasons

Amended Reason Date Amended
Back to top