Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_5
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 5717–7005

5  At the end of section 7
Add:

Innovative step

 (4) For the purposes of this Act, an invention is to be taken to involve an innovative step when compared with the prior art base unless the invention would, to a person skilled in the relevant art, in the light of the common general knowledge as it existed in the patent area before the priority date of the relevant claim, only vary from the kinds of information set out in subsection (5) in ways that make no substantial contribution to the working of the invention.

 (5) For the purposes of subsection (4), the information is of the following kinds:
 (a) prior art information made publicly available in a single document or through doing a single act;
 (b) prior art information made publicly available in 2 or more related documents, or through doing 2 or more related acts, if the relationship between the documents or acts is such that a person skilled in the relevant art in the patent area would treat them as a single source of that information.

 (6) For the purposes of subsection (4), each kind of information set out in subsection (5) must be considered separately.

Note 1: The following heading to subsection 7(1) is inserted "Novelty".

Note 2: The following heading to subsection 7(2) is inserted "Inventive step".