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IPA patent 5.5.3-rules-of-construction-for-a-patent-specification
IPA patent 5.5.3-rules-of-construction-for-a-patent-specification — IP Australia Patent Manual of Practice and Procedure – 5.5.3 Rules of construction for a patent specification
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Also in this Chapter:
5.5.1 Purpose of construction
5.5.2 Considerations relevant to construction of the specification
5.5.4 Claim construction and claim types
Sub-chapters in this Section:
5.5.3.1 Give words their plain meaning ;
5.5.3.2 Read the specification as a whole ;
5.5.3.3 purposive construction ;
5.5.3.4 Use the dictionary principle ;
5.5.3.5 Reject the absurd ;
5.5.3.6 Construe the description as a technical document
5.5.3.7 Disregard minor errors, mistakes, and omissions
The following sections cover the Rules of Construction for a patent specification which were summarised by Sheppard J in Décor Corp v Dart Industries 13 IPR 385 at 400. This summary has been referred to in numerous subsequent judgements and was endorsed by the Full Federal Court in Pfizer Overseas Pharmaceuticals v Eli Lilly [2005] FCAFC 224.
