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. Only Disclosure is in a Claim

Date Published

Sometimes the only disclosure of a relevant feature occurs in the claims. In this situation, the description may need to refer to the feature for the claims to be fairly based. However, there is no need for an “over-meticulous” verbal analysis requiring the exact reproduction of all the claims in the description.  Rather, the specification should be read as a whole to determine whether a feature has been disclosed for the purposes of fair basis (see Claims as Basis of Disclosure).

Note: Where a fair basis objection is raised in these circumstances, it can generally be overcome by amending the specification such that the claims mirror the description.  However, where the claims are inconsistent with the specification, it is unlikely that a fair basis objection can be overcome by amending the specification, as this will result in the claiming of matter not in substance disclosed.

Amended Reasons

Amended Reason Date Amended
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