Best Method of Performance of an Invention Involving a Life Form

Date Published

In order to satisfy the best method of performance requirements, the specification must disclose all steps necessary to repeatably produce the life form.  These may include selective breeding, or methods involving mutation or genetic modification.

In the case of a plant variety produced by standard breeding techniques, all of the breeding methods and crosses used to produce the variety must be disclosed. Furthermore, the parents of the variety must be either available to the public in Australia (for example, commercially available or in an accessible deposit) or meet the requirements of sec 40(2)(a) themselves.

Note: A deposit made under the Budapest Treaty meets the requirements for best method of performing the invention.