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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 At Least One Method Must be Disclosed.

If a specification does not describe any method of putting an invention into effect, an objection of lack of full description should be taken.

In Samuel Taylor v S.A. Brush Co. (1950-51) 83 CLR 617, the specification was found to not fully describe the invention as the description of the device did not:

"provide, expressly or impliedly, to a skilled workman any information as to the method of carrying out the invention."

In assessing whether a method has been disclosed, it could be argued that the method of performing the invention would be self-evident to a person skilled in the art. However, sec 40(2) requires the disclosure of the best method known to the applicant. Consequently, this requirement cannot be satisfied by asserting that the method is common general knowledge and therefore need not be stated.

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