Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.27

Particulars of non - patentable invention

  (1)   If a ground relied on in a notice of appeal from a decision of the Commissioner under the Patents Act is that the invention is not a patentable invention because information about the invention has become publicly available in a document, or through the doing of an act or thing, the ground must include the following particulars:

  (a)   for a document--the time when, and the place where, the document is claimed to have become publicly available;

  (b)   for an act or thing:

  (i)   the name of the person alleged to have done the act or thing; and

  (ii)   the period within which, and the place where, the act or thing is alleged to have been done publicly; and

  (iii)   particulars that are sufficient to identify the act or thing; and

  (iv)   if the act or thing relates to apparatus or machinery--particulars of whether the apparatus or machinery exists and, if so, where it can be inspected.

  (2)   If the claim of the complete specification of a patent is that the invention concerned is not useful, the ground must include particulars:

  (a)   of any example relied on that the invention cannot be made to work; and

  (b)   specifying how it is alleged that it does not work as described;

  (i)   at all; or

  (ii)   as described in the specification.


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