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Best Practice for Patent Specification Drafting

IP Australia has published a set of new guidelines relating to the new requirements for patent specifications in Australia. The new guidelines generally discuss the preferred amendments that should be made to patent specifications after the start of the “Raising the Bar” legislation which came into effect on 15 April 2013.

In summary, the new guidelines support a general movement by the Australian Patent Office to follow specification requirements of the Japanese Patent Office and WIPO. IP Australia believes that this is a step to improve harmonisation between the various patent offices around the world. The amendments generally include the following:

a)      No line numbering

b)      New paragraph numbering

c)       Inclusion of a description of the Technical Problem

d)      Inclusion of a statement of Industrial Applicability of the Invention

e)      Inclusion of a statement of the Solution posed by the Invention

f)       Inclusion of a statement regarding Advantages of Invention

g)      Inclusion of an optional Citation List

h)      Modification to preferred font size and type

If you have any questions about how the new amendments will affect your patent application in Australia, please do not hesitate to contact your patent attorney to discuss it.

Copies of the new guidelines are available from http://www.ipaustralia.gov.au/get-the-right-ip/patents/apply-for-a-patent/standard-and-innovation-applications-what-to-include/best-practice-guide/

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