Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure.

Recent updates

Item amended Date Amended Amended Reason
5.6.7.1 Claims are Clear and Succinct

Path updated for case law links in body text

5.6.7.2 Clear enough and complete enough disclosure s40(2)(a)

Library store links require path update to restore functionality

5.6.8.2 Alleged Invention

Path updated for case law links in body text

5.6.7.3 Support for the claims

Path updated for case law links in body text

5.6.8.4 Discoveries, Ideas, Scientific Theories, Mere Schemes and Plans

Path updated for case law links in body text

5.6.11.2 Improvement or Modification

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5.6.8.14 Human Beings and Biological Processes for Their Generation

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5.5.4.7 'For use in', 'when used', and similar wording in claims

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5.6.6.2 Information against which inventive step is assessed

Path update for case law document links in body text

5.6.6.3 Tests for inventive step

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5.1.2 Section 104 Amendments

Corrected image uploading issue

7.5 Evidence

Updated to remove banner referencing RTB date

7.5.1.1 Written Evidence and Declarations

Link to declaration form updated and other minor changes made to streamline text post RTB

4.7 Annexures

Updated annexure links

7.2.1.1 Commencing the Opposition - Filing a Notice of Opposition

Updated to remove banner referencing RTB date and included in text reference to EOT s23 Manual page

7.2.1 Section 59 - Opposition to Grant of a Standard Patent

Updated to remove banner referencing RTB date

7.9.5 Exemplary Situations in Awarding Costs

Included reference to Birketu Pty Ltd v Atanaskovic 2025 HCA 2

5.7.4.1 Form of proposed amendments (statement of proposed amendments)

Edited Substitute whole pages or documents section for clarity with respect to deleting and substituting pages in amendments

7.3.1.4 Time for Filing Evidence in a Procedural Opposition

Included reference to Gutter Grip Australia Pty Ltd v Interit Pty Ltd 2024 APO 42 under Extending the time for filing evidence

5.6.8.6 Computer Implemented Inventions, Mere Schemes, and Business Methods

Case law examples updated to include content relating to Hytera Communications Corporation Ltd v Motorola Solutions Inc 2024 FCAFC 168 with additional minor amendments to subheading titles

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