338. Meaning of 'supported by'.

338.     Meaning of 'supported by'.

The expression 'supported by' in the provisions for ascertaining the priority date of an invention1 in relation to the grant of a patent is given no statutory definition. The expression does, however, occur in the Patents Act 19772 where a claim is required to be 'supported by' the description. This has been construed3 to mean that the description must contain a disclosure (an 'enabling disclosure') which contains enough to enable something within the claim to be produced4. Accordingly an invention will be entitled to the priority date being the