2.11.3.19 Only One Preferred Embodiment is Required

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 2.11.3.19A Only One Preferred Embodiment is Required.

There is no obligation on the applicant to describe more than a single preferred embodiment (Ethyl Corporation v California Research Corp. (1970) AOJP 562). If more than one method of performance is provided, the better or best method need not be identified.

Furthermore, the method of performance need not include an actual example; it may be described in general terms. Therefore, where the applicant is able to "fully describe" the invention such that the method of performance is implicit, the absence of an example in the specification is not objectionable.