We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.11.2.4.3A Consistory Clause

Date Published

Note: The information in this part only applies to:

  • standard patent applications with an examination request filed on or after 15 April 2013.
  • innovation patents with an examination request filed on or after 15 April 2013.
  • innovation patents where the Commissioner had not decided before 15 April 2013 to examine the patent.  

For all other standard patent applications/innovation patents, see 2.11.2.4.3 Consistory Clause.

An opening statement of the invention or ‘consistory clause’ is normally included in the description.  However, the consistory clause may be omitted if the description discloses the claimed invention without ambiguity.

It is not necessary for a consistory clause to be identical in wording to a corresponding independent claim, however it must not be inconsistent with such a claim.  A claim that is wider in scope than a consistory clause may be open to objection on the grounds that it is not supported by the description.  

Back to top