Application Of Supplementary Test Data In Chinese Patent Prosecution

Experiments, tests and their results are very important aspects in the process of research and development, and are also important aspects in patents that protect the achievements of the research and development, especially in the fields of experimental science such as chemistry and biology. However, during actual patent prosecution, due to various reasons, the patent application may not be able to include all experiments and tests performed during development of the invention at the beginning. In some cases, the lack of experiments and tests (usually referred to as "examples" in patent documents) may lead to rejections during examination of patents. Fortunately, in current Chinese patent practice, it is possible to provide supplementary test data during examination in order to overcome related rejections. In this article, specific conditions are discussed where supplementary test data may be applied to overcome rejections during examination of patents.