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Australian Patent Law changes proposed

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...

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