Global Patent Prosecution - September 2019

Use of Post-Filing Data to Support Patentability

The use of post-filing data to support patentability can be a mechanism to alleviate time pressures related to first-to-file patent regimes. However, the admissibility of such data is dependent on the filing jurisdiction and can be treated very differently depending on its use. The September issue of the Global Patent Prosecution Newsletter examines the role of post-filing evidence in the US, Europe, China, and Japan with respect to sufficiency of disclosure and inventiveness.

In this issue:

• Submission of Post-Filing Data – The Dichotomy between Enablement and Obviousness in the United States, China, and Japan
• Post-Filing Experimental Data at the European Patent Office