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. Trade Marks in Specifications

Date Published

A trade mark is used to identify the source of origin of a good, not its properties.  For example, the composition of laundry detergents sold under a particular trade mark or proprietary name are likely to vary in different regions of Australia (due to differences in the ‘hardness’ of local water supplies), as well as change over time. Identification of a feature that is required in order to perform the invention in any of the forms that are claimed, by way of a trade mark or proprietary name, may not be sufficient to provide a full description of the invention. Where the use of a trade mark introduces uncertainty in relation to the performance of the invention, examiners should object that the invention has not been fully described.

See also Trade Marks in Claims.

Amended Reasons

Amended Reason Date Amended
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