Download e-book for iPad: Biotechnology Intellectual Property Manual by Spruson and Ferguson Patent and Trade Mark Attorneys

By Spruson and Ferguson Patent and Trade Mark Attorneys

ISBN-10: 0642721297

ISBN-13: 9780642721297

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It is possible to amend the specification once (only) after receipt of the search report up to the time of the first examination report issuing. After receipt of a first communication from the Examining Division, the claims may only be amended once of the applicant’s own volition. After that, any further amendments can only be made with the approval of the Examining Division. Biotechnology Australia NHMRC DETYA 35 CHAPTER 2 Inventive step 2. Intellectual Property Biotechnology IP Management Manual CHAPTER 2 Opposition Opposition • Post-grant opposition must be filed within 9 months of the Opposition in Europe is a post-grant procedure.

Requirements for the specification The specification must contain a written description of the invention “in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected to make and use the same”. It is also required for the specification to “set forth the best mode contemplated by the inventor of carrying out his invention”. Novelty Importantly, the United States provides the applicant with a 12 month grace period when determining novelty.

5 Prior secret use Another requirement for an invention to be patentable under the Australian Patents Act 1990 (Cth) is that it must not have been secretly used in Australia before the priority date of a claim by or with the authority of the patentee or the patentee’s predecessor in title (Section 18(1)(d)). Section 9 sets out certain acts which are not to be taken to be secret use of an invention in the patent area: (a) use for the purpose of reasonable trial or experiment: it appears that the case law referred to above in connection with section 24 is applicable here; (b) use occurring solely in the course of a confidential disclosure of the invention by or on behalf of or with the authority of the patentee or nominated person; (c) any other use by the patentee or nominated person for any purpose other than the purpose of trade or commerce; and (d) any use of the invention by or on behalf of the Commonwealth, a State or a Territory to which the patentee or nominated person has disclosed the invention.

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Biotechnology Intellectual Property Manual by Spruson and Ferguson Patent and Trade Mark Attorneys


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