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ARTICLE · 24 AUGUST 2022

The practice of incorporation by reference in patent specifications

Various issues can arise from the practice of incorporation by reference.

AustraliaIntellectual Property

Commentary

During the drafting stage of a patent specification, the question often arises as to how much information should be included in the detailed description for enablement purposes. Of course, it is important to include substantial information relating to each of the "essential features" of the invention, which are those feature that either support the claims or provide a clear enough and complete enough description of the invention and (for Australian law purposes) the best method then-known of performing it - especially those features that give rise to the advantages of the invention over and above the prior art. However, often it is not feasible or practical to add a highly detailed description of each and every feature mentioned in the patent specification, as Applicants would need to reproduce large amounts of published text to show the variants known in the prior art, causing patent specifications to run to hundreds of pages in length. This is

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