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2.8.1 Introduction

Date Published

A complete application filed under the Act is required to include an abstract (reg 3.1(1)).

Examiners should note that an abstract is not to be taken into account for construing the nature of the invention that is the subject of the specification to which the abstract relates (reg 3.3(6)). However, an abstract filed with the complete specification may be taken into account in determining the allowability of amendments under sec 102(1).

Translation of Abstract

Although the translation of a PCT application may include a translation of the abstract, this is not part of the Australian complete specification, and its inclusion should be disregarded for all purposes pertaining to the complete specification.  An abstract in this respect is to be taken to be any passage in the translation having the heading “Abstract”.  

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