Filing Data After Applying for an Indian Patent: Drafting and Practice Insights
Applying for a patent is a race against time to secure the earliest priority date (i.e., the date of the first filing of a patent application). As a result, patent applications are often filed with accompanying data that do not always capture all the facets of the invention. In such cases, using post-filing data to support the applications is often the only course available. However, the admissibility and treatment of post-filing data at the Indian Patent Office (IPO) has not always been clear.
Recent judgments at the Intellectual Property Appellate Board (IPAB) and the Delhi High Court have shed some light on this issue, tackling important questions such as: (1) Is post-filing data generally accepted at the IPO; and (2) under what circumstances can post-filing data be considered admissible or, conversely, inadmissible.
Source: Law Business Research