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.

Recent updates

Item amended Date Amended Amended Reason
2.3 Determining Changes to the Manual

Merged content from previous pages 2.3 and 2.4 to better define change process content

Volume 2 About this Manual

Table of contents updated with amended and new page titles

5.3.2.3 Requirements for text, pagination, formulas, equations, and drawings

Formalities determination links in header updated to link directly to determination documents

5.3.2 Formal requirements of the specification

Formalities determination links in header updated to link directly to determination documents

5.7.2.3 Changing the applicant or nominated person

Corrected typographical error under Rule 92bis name changes

5.6.7.5 Best method

Updated to reflect comments of full court in Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc 2024 FCAFC 145

5.3.2.1 Title of the application

Examination practice updated to reflect current systems with superseded Manual link removed

5.7.1.9 Annex A - Guidelines for Completing the Voluntary Section 104 Allowance Form

Text amended to reflect current practice of processing S104 amendments in RIO.

5.7.4.3 Allowability of amendments after acceptance

Added paragraph to examination practice section outlining procedure for examining post acceptance amendments and requirement for senior or supervising examiner QA

6.1.5.1 Abstract

Final paragraph amended to clarify requirements for completion of ISA/205 form.

7.3 Directions

Amended linked title of 7.2.8.5 on back button to new title name

7.2.8.3 Remedies Where Declaration Made

Amended linked title of 7.2.8.5 in header to new title name

7.2.8.4 Patent Applications under Sections 33 to 36

Amended linked title of 7.2.8.5 in header and forward button to new title name

7.2.8.2 Finalising the Request

Amended linked title of 7.2.8.5 in header to new title name

7.2.8 Entitlement - Sections 33, 34, 35, 36 and 191A

Amended linked title of 7.2.8.5 in header to new title name

7.2.8.1 Procedure - Requests for the Commissioner to Make a Determination of Entitlement

Amended linked title of 7.2.8.5 in header to new title name

7.2.8.5 Relevant Law - Entitlement/Inventorship

Additional inventorship guidance incorporated referencing University of Western Australia v Gray 2009 FCAFC 116 (UWA) and inventorship guidance published by USPTO

5.4.3 Artificial Intelligence - Inventorship and Entitlement

Added clarifying paragraph summarising Thaler judgement and providing information regarding formalities checking

5.6.2.8 Report Dispatch, Correction of Report etc.

Page renumbered and updated due to insertion of new 5.6.2.7

5.7.6.2 Amendment or Correction of Sequence Listings

Amended text to provide additional clarity regarding sequence listings filed on physical media that form part of the specification.

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