Robert Miller, Spruson & Ferguson
On March 2 2011, the Australian Government released for comment
a draft Intellectual Property Laws Amendment (Raising the Bar)
Bill 2011, and an accompanying Explanatory Memorandum (EM).
Inventive step The draft Bill removes the local restriction
on the person skilled in the art (PSA) which limited the common
general knowledge (CGK) to that in Australia, bringing
Australia’s obviousness tests closer to those of
the USA, Europe and Japan. In the assessment of obviousness,
CGK can be combined with a single piece of prior art, or with a
combination of prior art if the PSA would be "reasonably
expected" to combine the...