Aug 28, 2014

The Thorny Problem of Patentable Eligible Subject Matter: Part 8 of a 10-Part Series: Australia

In Australia, the basic requirements for patentability are found in section 18(1) of the Patents Act (1990) (Act) which provides: ... an invention is a patentable invention for the purposes of a standard patent if the invention, so far as claimed in any claim: (a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and (b) when compared with the prior art base as it existed before the priority date of that claim; (c) is useful; and (d) was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention.
back to top