Repeal best method requirement for grant of a patent

At a glance

Policy ID: 15

Status: On hold

Priority: Medium

Patents

Issue summary

Australian patent law has a longstanding requirement for a complete specification to disclose the best method known to the applicant of performing the invention. In 2012, the Raising the Bar (RTB) reforms introduced an enablement requirement. At the time of the RTB changes, the best method requirement was retained in substantially the same form.

Few other jurisdictions still require a best method. Further consultation could assess the desirability of retaining or repealing the best method requirement.

History

  • On hold 04-Sept-2017
  • Reviewed August 2020

Comments

IP Australia doesn't have sufficient evidence of a problem to justify action at this time. IP Australia is monitoring this issue, and would welcome any relevant evidence from stakeholders. 

Priority reviewed after Patents Consultation Group proposed higher priority.

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