The whole story of "whole of contents" novelty in Australia and New Zealand
Language: English Publisher: 21 June 2022Description: 6 pSubject(s): Genre/Form: Online Resources: E-Resource Local URL: SNIPER Full Text In: Davies Collison Cave News and InsightsSNIPER Journal Article
Accessed 28 June 2022
In Australia and New Zealand, the prior art base for novelty of a patent claim includes complete applications with an earlier priority date, but which were published after the priority date of that claim. However, the assessment of novelty based on the "whole of contents" of an earlier unpublished application is actually a double patenting assessment in disguise. A recent decision by the New Zealand Patent Office in The Viking Corporation [2022] confirms that - similar to the situation in Australia - published PCT applications that designate New Zealand but never enter the national phase in that jurisdiction are relevant for the assessment of whole of contents novelty. However, the inclusion of such documents in the prior art base for whole of contents novelty goes further than is necessary to address the mischief the provisions were intended to avoid.
Creative Commons Attribution 4.0 International (CC BY 4.0)
| Item type | Current library | Call number | Status | Date due | Barcode | Item holds | |
|---|---|---|---|---|---|---|---|
| SNIPER | IP Australia Library SNIPER Articles | 2022/00207 (Browse shelf(Opens below)) | Available | 200802879 |
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