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. Relationship Between the Invention Described and the Invention Claimed

Date Published

A complete specification must ‘describe the invention fully’ (s40(2)(a)).  In assessing this requirement, it is necessary to take into account the whole of the complete specification, i.e. both the body of the specification and the claims (Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd (2001) 207 CLR 1 at 12-13).  In contrast, when assessing whether there is fair basis within the meaning of s40(3), it is necessary to separate the claims and the body of the specification, in order to determine whether the former are fairly based on the matter described in the latter (Lockwood v Doric [2004] HCA 58 at paragraph 49).

Amended Reasons

Amended Reason Date Amended
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