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.
On hold 04-Sept-2017
Reviewed August 2020
IP Australia does not 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.
IP Australia has received a submission on this issue. The submission and IP Australia’s response are published on the Policy Register submissions page.
Priority reviewed after Patents Consultation Group proposed higher priority.