Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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