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Date Published

Note: The information in this part only applies to:

•  standard patent applications with an examination request filed before 15 April 2013.  
•  innovation patents with an examination request filed before 15 April 2013.
•  innovation patents where the Commissioner decided before 15 April 2013 to examine the patent.

For all other standard patent applications/innovation patents, see Support.

Examiners should assess whether the claims are consistent with what the specification as a whole describes as the invention.

A fair basis objection should clearly identify the relevant claims and those features which give rise to the objection. It should also refer to those parts of the specification, which when read in context, demonstrate where there is inconsistency between the description and the claim(s). Where an independent claim is considered to lack fair basis, it will usually be sufficient to merely include a general statement referring to dependent claims which also lack fair basis.

See also 2.11.7 Claims are Fairly Based

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