Date for Determining Full Description

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 Date for Determining Clear Enough and Complete Enough Disclosure.

The specification is required to fully describe the invention, including the best method of performance, at the time of filing the application.  However, where these requirements are not met, they may be rectified at any time up until grant (at least), subject only to compliance with the requirements for the allowability of amendments (Eli Lilly v Pfizer Overseas Pharmaceuticals [2005] FCAFC 224).

Biological Inventions, Budapest Treaty

For inventions involving biological material, the applicant may rely upon the Budapest Treaty in order to meet the full description requirement (see Biological Inventions and the Budapest Treaty and 2.7 Micro-Organisms and Other Life Forms). In this case, certain information must be provided either by OPI, or by acceptance (both subject to the operation of sec 223). Critically, the deposit under the Budapest Treaty must be made on or before the filing date of the application. The late deposit of a micro-organism under the Budapest Treaty cannot be rectified via an extension of time under sec 223 (as there is no relevant time period to be extended), nor overcome by filing a divisional application.