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. Balance of Probabilities Standard

Date Published

​​​​​​​Balance of Probabilities

The “balance of probabilities” standard applies to:

  • all grounds relevant to examination;
  • decisions the Commissioner makes relating to the grant, refusal or revocation of standard patents or patent applications and certification or revocation of innovation patents; and
  • proposed amendments that applicants may make to a patent application or patent to overcome grounds of objection.

Subregulation 10.5(1)(b), as amended by the Intellectual Property Laws Amendment (Raising the Bar) Regulation 2013 (No.1), requires the Commissioner be satisfied on the balance of probabilities that the proposed amendments would remove all lawful grounds of objection to the patent request and complete specification.

​​​​​​​Where an examiner identifies an issue during examination, this needs to be raised with the applicant in the examination report. The applicant bears the onus of providing information sufficient to satisfy the examiner that the issue has been resolved.

Amended Reasons

Amended Reason Date Amended

Published for testing

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