Patentable Subject Matter (Manner of Manufacture)

Date Published

The subject matter of an innovation patent must meet the same manner of manufacture requirements as for a standard patent application (see 2.9.2 Patentable Subject Matter (Manner of Manufacture)).

However, whilst examiners should consider the possibility of raising a manner of manufacture objection in tandem with an inventive step objection for standard patent applications (2.9.2 Patentable Subject Matter (Manner of Manufacture)), the same does not apply to innovation patents. The legislation on innovation patents stipulates that the requirement for an inventive step is replaced by the requirement for an innovative step, and that lack of an inventive step does not render an innovation patent invalid.

Note: If, during examination of a standard patent application, it is considered that there is a lack of patentable subject matter, examiners should only raise the possibility of converting the application to one for an innovation patent if there is subject matter for which a valid innovation patent could be granted and certified. This is only likely to arise where an objection of lack of an inventive step applies to the standard patent application, but there is the possibility that the requirements for an innovative step could be met.  Otherwise, there should be no mention of innovation patents in the report.