We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.11.7.5A Alternatives in a Claim

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 2.11.7.5 Alternatives in a Claim.

Claims containing the words "and/or" (or similar expressions giving rise to alternatives) are supported by matter disclosed in the specification only if both the form of claim in which "and" is the operative word and the form of claim in which "or" is the operative word are supported by the specification. Where a claim includes multiple instances of "and/or", consideration of all the combinations of features that are possible is required, in order to determine whether the claim is supported.

Back to top