THIS SESSION IS SPONSORED BY MINESOFT

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Post filing evidence in patents - assessment for inventive step and plausibility: Extrinsic evidence – holy grail for new forms of known substances

During patent prosecution and invalidity proceedings, it is common to allow post filing data and evidence to demonstrate the unexpected advantage or inventiveness of a patent.

While acceptance of such evidence might be allowed in several jurisdictions for establishing inventiveness, it may not be the same for sufficiency.

Plausibility seems to be emerging as a fourth pillar of patentability in several jurisdictions in addition to novelty, inventive step and utility.

While several jurisdictions have provisions for “best mode and enablement”, the main issue emerging is whether post filing evidence/ data can be used for inventive step and plausibility.

This session examines the standard for admissibility of post filing evidence for overcoming inventive step and plausibility challenges.