Even where the skilled addressee would recognise an obvious error in a patent claim, the court will not correct the error by construction; formal amendment under Chapter 10 of the Patents Act 1990 (Cth) is required. Patent applicants must ensure that the best method disclosure includes information material to performing the invention, even if the skilled addressee could ascertain it by routine experimentation, depending on the importance and burden involved.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
3 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.