SUBSTANTIVEΒ REQUIREMENTS
EXAMINATION GROUNDS
Patent applications are examined for: Β 
  • patent eligible subject matter s18(1)(a)
  • newness and inventive step s18(1)(b)
  • utility s18(1)(c)
  • best method known to applicant s40(2)(aa)
  • clear, succinct and supported by disclosure s40(3)
  • unity of invention s40(4)
RE-examination Grounds
Patent applications are re-examined for:Β 
  • same grounds as examination
OPPOSITION GROUNDS
Patent opposition grounds include:Β 
  • lack of entitlement ss15, 16
  • all examination grounds
  • secret prior use in Australia s18(1)(d)
  • human beings and biological processes for their generation s18(2)
REvocationΒ GROUNDS
Court revocation grounds include:
  • all examination and opposition grounds
  • fraud, false suggestion and untrue representation s138(3)(d), (e)
PATENT AppLICATIONΒ FAQ
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