The court must first determine:
- The state of the art as at the date of invention and the date of invention
The knowledge possessed by a person skilled in the art at the date of invention.
Anticipation
- Asserts that the idea expressed in the invention was already disclosed to persons skilled in that art
An alleged invention may fail the test of novelty on the following grounds:
- Anticipation by verbal disclosure or description;
- Anticipation by public show or exhibition;
- Anticipation by the existence of a prior patent or publication.