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2.11.3.1A Date for Determining Clear Enough and Complete Enough Disclosure

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 2.11.3.1 Date for Determining Full Description.

The requirements of sec 40(2)(a), that the complete specification must disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the relevant art, must be satisfied at the time of filing the complete specification.  This is the practical effect of sec 102(1), which is that an insufficient disclosure cannot be rectified by adding new matter after the filing date of the application.  

Biological Inventions, Budapest Treaty

For inventions involving biological material, the applicant may rely on a deposit under the Budapest Treaty in order to meet the clear enough and complete enough disclosure requirement (see 2.11.3.15A Biological Inventions and the Budapest Treaty and 2.7 Micro-Organisms and Other Life Forms).

A deposit under the Budapest Treaty must be made on or before the filing date of the complete application.  However, in order to gain the earliest possible priority date, the deposit should be made on or before the filing date of the priority document.

Late filing of a deposit under the Budapest Treaty cannot be rectified by an extension of time under sec 223 (as there is no relevant time period to be extended), nor overcome by filing a divisional application.


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