IPA patent 5.5.1-purpose-of-construction — IP Australia Patent Manual of Practice and Procedure – 5.5.1 Purpose of construction

Also in this Chapter: 5.5.2 Considerations relevant to construction of the specification ; 5.5.3 Rules of construction for a patent specification ​​​​​​​ 5.5.4 Claim construction and claim types Key Legislation: Patents Act: s7 Novelty, inventive step and innovative step s7A Meaning of useful s18 Patentable inventions s40 Specifications s41 Specifications: micro-organisms Related Chapters: 5.6.4 Citations: Prior art base and construction of prior art ; 5.6.5 Novelty, Whole of Contents, and Secret Use ; 5.6.6 Inventive Step ; 5.6.7 Full Disclosure, Sufficiency, Clarity, Support and Usefulness (s.40) ; 5.6.8 Patent Eligible Subject Matter (Manner of Manufacture) ; Overview Proper construction (that is, interpretation) of a specification is essential before determining substantive issues of: patent eligible subject matter; novelty; inventive step; and requirements relating to specifications (s40). Construction is done to understand: the invention that is described; and the scope of the patent monopoly defined in the claims.​​​​​​​ Principles The principles of construction are summarised in Eli Lilly and Company Limited v Apotex Pty Ltd (2013) FCA 214 at paragraph 139: "It is well settled that the Court should, from the outset, approach the task of patent construction with a generous measure of common sense. The Court must place itself in the position of a person skilled in the relevant art, being the subject matter of the patent. From this perspective, the patent is to be read as a whole, in the context of the specification and in light of the prevailing common general knowledge and state of the relevant art at the priority date."