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ARTICLE · 11 SEPTEMBER 2026

Patents In Australia: Novelty

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

AustraliaIntellectual Property
Tim O'Callaghan
Tim O'Callaghan
Travis Shueard
Travis Shueard
Zara Cox
Zara Cox
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All patents are required to be, among other things, novel. That is, the invention as claimed must, when compared with the prior art base as it existed before the priority date of the relevant claim, be new. Novelty is assessed claim by claim, and a claim that lacks novelty is invalid and liable to revocation, putting licensing deals, freedom‑to‑operate positions, and infringement claims at risk. This Insight explains the concept of ‘novelty’. the key legal tests and sets out practical risk controls for businesses managing their patent portfolios.

The Statutory Framework: Sections 7(1) and 18(1)(b)

Novelty is governed by section 18(1)(b)(i) of the Patents Act 1990 (Cth) (Act), which requires an invention, so far as claimed in any claim, to be novel when compared with the “prior art base” as it existed before the priority date of that claim. The test of ‘novelty’ is analytically distinct from the test of ‘inventive step’ under section 18(1)(b)(ii), which asks whether the invention

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