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.

2.11.7A Support for the Claims

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 Claims are Fairly Based.

General Principles

Subsection 40(3) requires that the claim or claims must be, inter alia, supported by matter disclosed in the specification.  

This requirement for support is intended to ensure that there is a basis in the description for each claim, and that the scope of the claims must not be broader than is justified by the extent of the description, drawings and the contribution to the art.

There must also be consistency, or basis, for each claim in the description.

(The Explanatory Memorandum).

Note: An objection under sec 40(3) may not be overcome by adding new matter to the specification, since this is prohibited under sec 102(1).  However, an objection under sec 40(3) based on an excessive breadth of the claims may be remedied by restricting the scope of the claims.

Back to top