IPA patent 8.7.5.5-alternatives-in-a-claim — IP Australia Patent Manual of Practice and Procedure – 8.7.5.5 Alternatives in a Claim

Also in this Chapter: 8.7.5.1 General Principles 8.7.5.2 Sub-Tests for Fair Basis 8.7.5.3 Relation Between the Invention Described and the Invention Claimed 8.7.5.4 Only Disclosure is in a Claim ​​​​​​​ 8.7.5.6 Claiming by Results 8.7.5.7 Reach-Through Claims 8.7.5.8 Claims to Alloys Key Legislation: Patents Act: s40 Specifications Claims containing the words "and/or" (or similar expressions giving rise to alternatives) are fairly based only if both the form of claim in which "and" is the operative word and the form of claim in which "or" is the operative word are fairly based on the specification. Where a claim includes multiple instances of "and/or", consideration of all the combinations of features that are possible is required, in order to determine whether the claim is fairly based.