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The Henry Hughes IP Australian best method disclosure decision tree
In response to the recent NOCO decision1 from the Full Federal Court of Australia, which clarified the relevant date for assessing best method in patent applications, we have created an Australian best method disclosure decision tree to assist applicant decision making.
Click to open/download a copy of this pdf resource.
It is very important to note that every case will be distinct dependent on its facts and circumstances, and should be considered in consultation with a Trans-Tasman patent attorney experienced in dealing with these matters.
There is further nuance required regarding how to appropriately claim the subject matter of an updated best method, if required. Please contact us if you would like further information regarding this.
Published October 2026.
1. The NOCO Company v Brown and Watson International Pty Ltd[2026] FCAFC 44 (the NOCO decision).
