GL-PCT G VI 5 Generic disclosure and specific examples

In considering novelty, it should be borne in mind that a generic disclosure does not usually take away the novelty of any specific example falling within the terms of that disclosure, but that a specific disclosure does take away the novelty of a generic claim embracing that disclosure, e.g. a disclosure of copper takes away the novelty of metal as a generic concept, but not the novelty of any metal other than copper, and one of rivets takes away the novelty of fastening means as a generic concept, but not the novelty of any fastening other than rivets.[

GL-PCT G VI 4 Enabling disclosure of a prior document

Subject-matter described in a document can only be regarded as having been made available to the public, and therefore as comprised in the prior art pursuant to Rules 33 and 64, if the information given therein to the skilled person is sufficient to enable them, at the relevant date of the document, to practise the technical teaching which is the subject of the document, taking into account also the general knowledge at that time in the field to be expected of

GL-PCT G VI 3 Relevant date of a prior document

In determining novelty, a prior document should be read as it would have been read by a person skilled in the art on the relevant date of the document.

GL-PCT G VI 2 Implicit features or well-known equivalents

A document takes away the novelty of any claimed subject-matter derivable directly and unambiguously from that document including any features implicit to a person skilled in the art in what is expressly mentioned in the document, e.g. a disclosure of the use of rubber in circumstances where clearly its elastic properties are used even if this is not explicitly stated takes away the novelty of the use of an elastic material. The limitation to subject-matter "derivable directly and unambiguously" from the document is important.

GL-PCT G VI 1 Prior art pursuant to Art. 33(2)

Under the PCT, an invention is considered to be novel if it is not anticipated by the prior art. Everything which is made available to the public anywhere in the world by means of a written disclosure is considered prior art provided that such making available occurred prior to the relevant date. In cases where the making available to the public occurred by non-written means, it constitutes prior art only if a written disclosure that occurred before the relevant date confirms the non-written disclosure.

GL-PCT G VI – Novelty

1. Prior art pursuant to Art. 33(2)

2. Implicit features or well-known equivalents

3. Relevant date of a prior document

4. Enabling disclosure of a prior document

5. Generic disclosure and specific examples

GL-PCT G V 1 General

The PCT acknowledges that in certain cases the invention may have been disclosed before the relevant date for the purposes of the PCT in such a way that it is not considered to form part of the prior art in accordance with the national law of one or more designated Offices (Rule 51bis.1(a)(v)).

GL-PCT G V – Non-prejudicial disclosures

1. General

GL-PCT G IV 8 Errors in prior-art documents

Errors may exist in prior-art documents.

GL-PCT G IV 7 Cross‑references between prior-art documents

If a document (the "primary" document) refers explicitly to another document (the "secondary" document) as providing more detailed information on certain features, the teaching of the latter is to be regarded as incorporated into the primary document if the document was available to the public on the publication date of the primary document. The relevant date for novelty purposes, however, is always the date of the primary document.