Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 40

Specifications

Requirements relating to provisional specifications

             (1)  A provisional specification must disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the relevant art.

Requirements relating to complete specifications

             (2)  A complete specification must:

                     (a)  disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the relevant art; and

                    (aa)  disclose the best method known to the applicant of performing the invention; and

                     (b)  where it relates to an application for a standard patent--end with a claim or claims defining the invention; and

                     (c)  where it relates to an application for an innovation patent--end with at least one and no more than 5 claims defining the invention.

             (3)  The claim or claims must be clear and succinct and supported by matter disclosed in the specification.

          (3A)  The claim or claims must not rely on references to descriptions, drawings, graphics or photographs unless absolutely necessary to define the invention.

             (4)  The claim or claims must relate to one invention only.



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