---
title: "Prior-art table for a standard patent"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/standard-patent-prior-art-table"
type: "precedent"
site: "AI Law Framework"
id: "a23-standard-patent-prior-art-table"
area_id: "A23"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A23-T1-R1", "A23-A20260923-5"]
law_stated_as_at: "2026-10-22"
---

# Prior-art table for a standard patent

> Table of prior art against the standard-patent requirements in section 18(1). It does not say the invention is patentable, and it is not a filing at the office.

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/standard-patent-prior-art-table  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Commonwealth.

## When to use it

Use when sorting search results or an inventor's disclosure into a prior-art table before examination, a response, or a freedom-to-operate review.

## Used for these tasks

- [Build a prior-art hit table for novelty, inventive step or non-obviousness](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-prior-art-hit-table-for-novelty-inventive-step-or-non-obviousnes.md)
- [Prepare a citation list of material prior art for disclosure to the office](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/prepare-a-citation-list-of-material-prior-art-for-disclosure-to-the-offi.md)

## How AI may be used

The tool enters citations, dates and the claim numbers the lawyer nominates, and the lawyer decides novelty, inventive step and the other section 18(1) matters.

**AI may:**

- List citations with dates from the search report or disclosure the lawyer supplies.
- Repeat a claim in the lawyer's words only where the lawyer has already written that claim.

**AI must not:**

- Do not state that the invention is a patentable invention, is novel, or involves an inventive step.
- Do not draft a specification, claim or response to an examination report.
- Do not treat section 18(1A) as the test unless the lawyer is dealing with an innovation patent.

**The lawyer checks:**

- Section 18(1) is subject to subsection (2). Human beings, and the biological processes for their generation, are not patentable inventions.
- The note to section 18 points to sections 7 and 9. Those sections were not set out in this table.
- Decide separately what, if anything, must be given to IP Australia. This table does not record a disclosure duty.

## Authorities

- [Patents Act 1990 (Cth) s 18](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/pa1990109/s18.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/standard-patent-prior-art-table and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*