EXCO/DE10/RES/001(GB)
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Resolution of the Executive Committee, Munich, Germany,
5-8 September 2010
“Consideration of test results”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative of
the free profession throughout the world, assembled at its Executive Committee held Munich,
Germany, from 5 to 8 September 2010, passed the following Resolution:
Observing
that objections to allowability or validity of a patent application or patent are by their
nature always raised after the date of filing; and
Also observing
that such objections are often based on prior art, which prior art was previously
unknown to the applicant or patent proprietor, and can only be addressed by submitting test results;
therefore
Urges
all authorities tasked with the examination or evaluation of a patent application or patent to
take account of any test results submitted after the filing date of the application in answer to any
objections to allowability or validity, regardless of the date of completion of the testing, provided
that those results are not inconsistent with the content of the application as originally filed.