By Spruson and Ferguson Patent and Trade Mark Attorneys
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Extra info for Biotechnology Intellectual Property Manual
To judge the utility the • In Australia, if the “end result” of the invention can be arrived at by following the teachings of the specification, but directions in the specification must be followed, and it fails to fulfil the promise made by the patentee, then there if the result is that the object sought to be obtained will be inutility can be attained, and is practically useful at the time • The “promise” may be found in the objects of the invention, when the patent is granted, the test of utility is if any are set out in the specification, or in a “problem” with satisfied ...
If a response is lodged which does not persuade the Examiner, abandonment/refiling is the only option. Interference It has been seen that to meet the novelty and inventive step requirements, the date of invention may be crucial, and it may be necessary to determine in any particular case who was the first to invent a particular invention. The procedure adopted by the United States Patent Office to reach such a determination is known as “interference”. Where two pending patent applications, or an application and a patent, claim what is considered to be the same invention, they are said to “interfere”.
Normal examination Normal Examination Under normal examination, a patent application is examined for form, patentability, compliance with sections 40(2) and 40(3), novelty and inventive step. 9). Biotechnology Australia NHMRC • Must be requested within five years of the Australian filing date of the complete specification or within 6 months of the issuance of a direction to request examination (whichever is the earlier), otherwise the application lapses • May be deferred up to 9 months in some circumstances • Patent application is examined for form, patentability, compliance with sections 40(2) and 40(3), novelty and inventive step DETYA 21 CHAPTER 2 Biotechnology IP Management Manual 2.