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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 Trade Marks in Specifications.

A trade mark is used to identify the source of origin of a good, not its properties.  For example, the composition of laundry detergents sold under a particular trade mark or proprietary name are likely to vary in different regions of Australia (due to differences in the ‘hardness’ of local water supplies), as well as change over time. Identification of a feature that is required in order to perform the invention in any of the forms that are claimed, by way of a trade mark or proprietary name, may not be sufficient to provide a clear enough and complete enough disclosure of the invention. Where the use of a trade mark introduces uncertainty in relation to the performance of the invention, examiners should object that the invention has not been disclosed in a clear enough and complete enough manner.

See also Trade Marks in Claims.

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