IPA patent 5.5.3.4-dictionary-principle — IP Australia Patent Manual of Practice and Procedure – 5.5.3.4 Dictionary principle

Also in this Chapter: 5.5.3.1 Words are given plain meaning 5.5.3.2 Read the specification as a whole 5.5.3.3 Purposive Construction ​​​​​​​ 5.5.3.5 Reject the absurd 5.5.3.6 Description Construed as a Technical Document 5.5.3.7 Errors, Mistakes, Omissions Key Legislation: Patents Act: s7 Novelty, inventive step and innovative step s7A Meaning of useful s18 P atentable inventions s40 Specifications s41 Specifications: micro-organisms Related Chapters: 5.5.3.1 Words are given their plain meaning ​​​​​​​ 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 (s40) 5.6.8 Patent Eligible Subject Matter (Manner of Manufacture) What is the Dictionary principle? The dictionary principle is where the specification clearly states that a special meaning is to apply to certain words and phrases. This is acceptable if: the special meaning is clearly expressed; or it is clear that the specification is defining terms in a special way. A special meaning may prevail over the plain (ordinary) meaning if the special meaning has been clearly defined. This is an exception to the principle that words should be given their plain meaning. The nature of the dictionary principle is that if the patentee has used expressions which they have already adequately interpreted in the body of the specification, they are entitled to refer to the specification as a dictionary in which the meaning of the words they use has been defined ( British Thomson-Houston Company Ld v Corona Lamp Works Ld (1922) 39 RPC 49 at page 67). It must be clear that the specification is ‘setting up a dictionary’, that is, defining certain terms in a way that gives them a special meaning. The patentee must have made their intention plain to those who read the specification where a particular word is to be read with a meaning set out in the specification ( Minerals Separation North America Corporation v Noranda Mines Ltd (1952) 69 RPC 81 at page 93).