It’s good to be heard – the APO determines section 40 requirements

The Australian Patent Office’s decision in The University of British Columbia [2020] APO 15 (20 March 2020) considers how the “raised bar” requirements of support (section 40(3)), enablement (section 40(2)(a)) and best method (section 40(2)(aa)) are to be assessed. The decision is a reminder that these requirements are now more onerous than they were previously

The “plausibility” threshold remains low in Australia

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical inventions and can be a hurdle for innovators even if a claimed invention is deemed novel and inventive. In the absence of any prior art, the claimed invention can fail the enablement requirement if it is