IPA patent 6.1.7.1.3-special-meaning-ordinary-meaning-everyday-meaning — IP Australia Patent Manual of Practice and Procedure – 6.1.7.1.3 Special Meaning, Ordinary Meaning, Everyday Meaning

Also in this Chapter: 6.1.7.1.1 PCT Guideline References and Flow Chart 6.1.7.1.2 Overview of the Hierarchy 6.1.7.1.4 Closed and Open Definitions and Implications for Interpretation 6.1.7.1.5 Implications of the Hierarchy on Searching 6.1.7.1.6 Practices for the Interpretation of Claims 6.1.7.1.7 Interpretation of Citations - Inherency On this page Special Meaning Ordinary Meaning Everyday Meaning Examples Special Meaning A special meaning of a particular term or phrase is one which is defined in the specification explicitly (or otherwise). The special meaning is similar to the Dictionary Principle in national examination. An explicit definition of a term is provided in a dictionary portion of the specification. However, there may be instances where a term is defined outside of the dictionary portion of the specification which would also be considered as the special meaning. It should be noted that non-limiting definitions (open definitions) do not constitute a special meaning and in such cases, examiners should use the ordinary meaning. Examiners should consult with their 3 person search team and use their professional judgement in determining whether the special meaning places any limitations upon the claims. Ordinary Meaning An ordinary meaning of a particular term or phrase is the meaning that the person skilled in the art, when reading a claim, would attribute to the terms and phrases of that claim in the context of the particular art. Therefore, for any terms or phrases which have well recognised meanings within the particular art, those recognised meanings are used to understand the scope of the claim. However, where there is a special meaning different to the ordinary meaning, the special meaning is used to interpret the claim. Everyday Meaning Terms not explicitly defined by a special meaning, and that have no ordinary meaning, are interpreted by using their everyday meaning. The everyday meaning is the non-technical meaning of the term or phrase. It should be noted that not all terms have an everyday meaning because there are technical terms that have no corollary in English. However, because of the hierarchical approach, where there is an ordinary meaning to a term it would not be necessary to consider the everyday meaning. See 6.1.7.1.2 Overview of the Hierarchy for more information on the hierarchical approach from the PCT guidelines. Examples The following examples demonstrate the differences between special, ordinary and everyday meaning for particular words or phrases. Example 1 Term: ‘hook’ Technology: fishing Special Meaning: fish hook for catching fish Ordinary Meaning: fish hook, not restricted to fish but encompassing any hook used for fishing purposes Everyday Meaning: fastening hook, crane hook, warehouse hook, fish hook Example 2 Term: ‘milk’ Technology: dairy processing Special Meaning: milk in which there is between 0-5% fat content Ordinary Meaning: cows milk, including full cream, light, skim Everyday Meaning: cows milk, including full cream, light, skim, UHT milk, soy milk, rice milk, coconut milk, plant milk, evaporated milk, dried milk, goat’s milk, sheep’s milk, whale milk Example 3 Term: ‘alkyl substituent’ Technology: organic chemistry Special Meaning: a substituent which is comprised of carbon and hydrogen, is saturated; being straight chain or branched, containing up to 6 carbon atoms and being substituted by halogen, hydroxy and amino groups Ordinary Meaning: a substituent which is comprised of carbon and hydrogen, being saturated and straight chain, potentially substituted, containing up to 12 carbon atoms Everyday Meaning: a group obtained by removing a hydrogen atom from an alkane (a saturated hydrocarbon with the general formula CnH(2n+2). For the everyday meaning, this was the meaning taken from the dictionary. While the term has no non-technical meaning it was considered that for this example a definition from a dictionary is an appropriate everyday meaning. Example 4 Term: ‘blue’ Technology: dyes/photo printer Special Meaning: as defined by specific RBG ranges within the description Ordinary Meaning: the colour that outside of the technology is purple (technology specific) Everyday Meaning: the colour blue of varying shades (‘cyan’ corresponds to blue shades in the technology)