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.

5.6.8 Patent Eligible Subject Matter (Manner of Manufacture)

Date Published

Key Legislation:​​​​​​​

Patents Act:

  • s18 Patentable inventions  
  • ​​​​​​​s50 Application or grant may be refused in certain cases  


The following topics are covered in this chapter:

  • Patentable Subject Matter (Manner of Manufacture); and
  • Other Issues.

The topics ‘Patentable Subject Matter’ and ‘Other Issues’ reflect the headings used for categories of objections in examination reports.

The term ‘Patentable Subject Matter’ should be understood as being synonymous with ‘Manner of Manufacture’ and corresponds to issues that should be listed against ‘Patentable Subject Matter’ in the ‘Summary of Novelty, Inventive Step, and Patentable Subject Matter’ section of the examination report.

Objections arising from patentability issues discussed in Other Issues should be included in the ‘Other Issues’ section of the examination report. Such issues relate to, for example, s18(2) and s50(1) considerations.

Amended Reasons

Amended Reason Date Amended

Published for testing

Back to top