SA How to Describe an Improved Product for Patent Application?

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majed

Member
10 December 2016
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How to describe an improved product in my provisional patent application without connection to prior art? Is it good to say, for example, "A method for making healthy new products"? Or "A method for making healthy products" or advanced products?

Thanks
 

Leonard Mancini

Lawyer
LawConnect (LawTap) Verified
4 August 2016
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Gold Coast
lawtap.com
The most conventional way of describing an invention is by way of describing the prior art and identifying a problem with it and then disclosing your solution to the problem.

There are differing opinions as to whether you should always describe the closest prior art (which may not be common general knowledge in Australia) or just what is common general knowledge.

Given the recent changes in Australian law and the requirement of many overseas patent offices I would lean towards including the closest prior art with an acknowledgement in the specification that mention of prior art is not a concession that such prior art is common general knowledge, for what that is worth.

Leonard Mancini - https://lawtap.com/au/lawyer/leonard-mancini.html
 
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