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ARTICLE · 05 SEPTEMBER 2017

Australian best method requirement in patent specifications bares its teeth again!

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Attorneys drafting patent specifications for prosecution in Australia, must understand the best method requirements.

AustraliaIntellectual Property
Grant Shoebridge
Grant Shoebridge
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Last year we reported on a Full Court of the Federal Court decision that confirmed the importance of disclosing, in a patent specification, the best method of performing an invention as required under the Australian Patents Act 1990.

In Kineta, Inc. [2017] APO 45 (31 August 2017), the Patent Office has followed the Full Court's decision and rejected an application for failure to disclose the best method of performing the invention. Given the facts of the case, a single sentence included in the specification would have satisfied the best method requirement. Accordingly, it is crucial that attorneys, when drafting specifications intended for prosecution in Australia, understand Australia's best method requirements.

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