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Late But Not Too Late | Submitting Post-Filing Data During Patent Prosecution in Selected Jurisdictions | Kilpatrick Townsend & Stockton LLP - Vimarsana News

Late But Not Too Late | Submitting Post-Filing Data During Patent Prosecution in Selected Jurisdictions | Kilpatrick Townsend & Stockton LLP

To embed, copy and paste the code into your website or blog: Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the application is filed too early, the applicant may risk rejections during examination for lack of supportive evidence. On the other hand, if the application is filed too late, the applicant may lose the priority date. This is especially problematic for biopharma industry applicants where on one hand, these dat...