2.15.3 Processes Operated Outside the Jurisdiction of Australian Law

Date Published

It is doubtful whether a process or method to be used wholly outside the jurisdiction of Australian law, for example a method of landing on the moon or a communication system using devices extrinsic to Australian airspace, could form the subject of an Australian patent (see Application by Standard Telephones and Cables Pty. Ltd. (1965) AOJP 2301).

Where a specification is objectionable for this reason, the case should be referred through a supervising examiner to the Assistant General Manager (OEP) for a determination of any matters to be communicated to the applicant in this regard.