Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.27

Particulars of non-patentable invention

             (1)  If a ground relied on in a notice of appeal from a decision of the Commissioner under the Patents Act is that the invention is not a patentable invention because information about the invention has become publicly available in a document, or through the doing of an act or thing, the ground must include the following particulars:

                     (a)  for a document--the time when, and the place where, the document is claimed to have become publicly available;

                     (b)  for an act or thing:

                              (i)  the name of the person alleged to have done the act or thing; and

                             (ii)  the period within which, and the place where, the act or thing is alleged to have been done publicly; and

                            (iii)  particulars that are sufficient to identify the act or thing; and

                            (iv)  if the act or thing relates to apparatus or machinery--particulars of whether the apparatus or machinery exists and, if so, where it can be inspected.

             (2)  If the claim of the complete specification of a patent is that the invention concerned is not useful, the ground must include particulars:

                     (a)  of any example relied on that the invention cannot be made to work; and

                     (b)  specifying how it is alleged that it does not work as described;

                              (i)  at all; or

                             (ii)  as described in the specification.



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