Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Errors, Mistakes, Omissions

Date Published

​​​​​​​Treatment of minor errors, mistakes, and omissions

In general, if the examiner can understand the specification despite some mistakes or omissions, they can assume that the skilled person (the intended reader of the specification) will also be able to do so.

Similarly, examiners should not expect or insist that an invention be described with a degree of precision that is not required by those skilled in the art.

McTiernan J stated in AMP v Utilux (1971) 45 ALJR 123 at page 128:

"Specifications very frequently contain mistakes; they also have omissions. But if a man skilled in the art can easily rectify the mistakes and can readily supply the omissions, the patent will not be held to be invalid. The test to be applied for the purpose of ascertaining whether a man skilled in the art can readily correct the mistakes or readily supply the omissions, has been stated to be this: Can he rectify the mistakes and supply the omissions without the exercise of any inventive faculty? If he can, then the description of the specification is sufficient. If he cannot, the patent will be void for insufficiency."

Amended Reasons

Amended Reason Date Amended

Published for testing

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