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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.

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