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ARTICLE · 30 JULY 2021

Conforming Foreign Patent Specifications To Australian Practice

Patentability criteria vary from one country to another often based on local statutory requirements and/or judicial rulings.

AustraliaIntellectual Property

Patentability criteria vary from one country to another often based on local statutory requirements and/or judicial rulings. Australia is no exception and as such you may have observed your Australian Patent Attorney making amendments and have thought...why?

Below we highlight some of the typical amendments you may have encountered and give a brief explanation as to their rationale:

1. Removal/Modification of "object" statements.

An object statement in a patent specification is deemed to be a "promise" of what the invention achieves. However, if the promise of the invention is shown by evidence not to have been fulfilled over the full scope of the claimed invention, the claim(s) may be deemed invalid for lack of utility.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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