Claim disclaimers in Australian patent practice

31 March 2022
Insights Photo
Insights Photo

Patent applicants and patentees may amend the claims of their patent specification to distinguish the invention from relevant prior art.

Matthew Overett headshot
Dr Matthew Overett
Principal

The use of a disclaimer ‘if permissible under s 102 of the Patents Act’ can be an effective strategy to limit the claim scope to the minimum extent necessary.

Read more >>

Related news and insights

Insights Photo

Best method disclosure for divisional patent applications

Australia’s Full Federal Court, in The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44, has confirmed that applicants for divisional patent applications have an obligation to disclose the best method known to them at the filing date of the divisional application.
Dr Matthew Overett

13 April 2026

Insights Photo

USPTO Significantly Increases Fees From January 2025

The United States Patent and Trademark Office (USPTO) has announced significant fee changes for US IP rights, effective from 18 January 2025.
Dr Matthew Overett

19 December 2024

Insights Photo

Raising the bar, and the matter of support

Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification.
Dr Matthew Overett

6 July 2023

Learn more about what matters to our people

We are a curious and approachable team of professionals, united by a passion for IP and helping your ideas succeed.

Banner image
How can we help you?