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2.9.3.4A Useful (Utility)

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 2.9.3.4 Useful (Utility).

During examination of a standard patent application or an innovation patent, examiners are required to consider whether a claimed invention satisfies the requirement that it be useful under sec 18(1)(c) or sec 18(1A)(c), respectively.

Whether an invention satisfies the ‘useful’ requirement is considered in terms of the existing case law (broadly that the claimed invention must achieve the promised benefit) and sec 7A of the Act.  Section 7A requires the complete specification to disclose a specific, substantial and credible use for the claimed invention and that the disclosure in the complete specification must be sufficient for that specific, substantial and credible use to be appreciated by a person skilled in the relevant art.

The statutory requirement for usefulness does not mean that an invention must equate to a commercial product in order to be useful, rather it must achieve the use promised by the patentee in the specification, and have a specific, substantial and credible use.  

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