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SA How to Describe an Improved Product for Patent Application?

Discussion in 'Intellectual Property Law Forum' started by majed, 20 December 2016.

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  1. majed

    majed Member

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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
     
  2. Leonard Mancini

    LawTap Verified Lawyer

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    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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