IPA patent 8.7.3.8-trade-marks-in-specifications — IP Australia Patent Manual of Practice and Procedure – 8.7.3.8 Trade Marks in Specifications

Also in this Chapter: 8.7.3.1 Date for Determining Full Description 8.7.3.2 Can the Nature of the Invention be Ascertained? 8.7.3.3 Compliance with Subsection 40(2) is a Question of Fact 8.7.3.4 Enabling Disclosures 8.7.3.5 Effort Required to Perform the Invention 8.7.3.6 Different Aspects Claimed in Different Claims 8.7.3.7 Inclusion of References ​​​​​​​ 8.7.3.9 Colour Drawings and Photographs Key Legislation: Patents Act: s40 Specifications Related Chapters: 2.11.5.7 Trade Marks in Claims A trade mark is used to identify the source of origin of a good, not its properties. For example, the composition of laundry detergents sold under a particular trade mark or proprietary name are likely to vary in different regions of Australia (due to differences in the ‘hardness’ of local water supplies), as well as change over time. Identification of a feature that is required in order to perform the invention in any of the forms that are claimed, by way of a trade mark or proprietary name, may not be sufficient to provide a full description of the invention. Where the use of a trade mark introduces uncertainty in relation to the performance of the invention, examiners should object that the invention has not been fully described. See also 2.11.5.7 Trade Marks in Claims .