2.11.3.19A 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 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 2.11.3.19 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, if it can be disclosed clearly enough and completely enough in general terms. Therefore, where the applicant provides a clear enough and complete enough disclosure of the invention enabling a method of performance, the absence of an example in the specification is not objectionable.