Question D – Answer

An inventor was awarded a patent in the U.K. on a method for selecting transformed plants and has practiced the mentioned method only in the U.K. Six months later, another person who independently invented the same method in Australia wants to obtain a patent in Australia. She:

Answer: 2
“would not be able to do it because the granted patent was published in the U.K.”

Why? Previous written publication of the same invention anywhere in the world would render the invention not novel in Australia, such as in this question, or in any other country. Once an invention is disclosed to the public, and there is a written evidence of that disclosure anywhere in the world, the invention is not novel anymore. It does not matter whether the disclosure is part of a granted patent, a published patent application or a journal, as long as the public has access to the documents.

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