Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purpose of deciding whether an invention is novel or involves an inventive step or an innovative step, the person making the decision must disregard:
(a) any information made publicly available in the prescribed circumstances, by or with the consent of the nominated person or patentee, or the predecessor in title of the nominated person or patentee; and
(b) any information made publicly available without the consent of the nominated person or patentee, through any publication or use of the invention by another person who derived the information from the nominated person or patentee or from the predecessor in title of the nominated person or patentee;
but only if a complete application for the invention is made within the prescribed period.
(2) For the purpose of deciding whether an invention is novel or involves an inventive step or an innovative step, the person making the decision must disregard:
(a) any information given by, or with the consent of, the nominated person or the patentee, or his or her predecessor in title, to any of the following, but to no other person or organisation:
(i) the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory;
(ii) a person authorised by the Commonwealth or a State or Territory to investigate the invention; and
(b) anything done for the purpose of an investigation mentioned in subparagraph (a)(ii).