Post-filing data in addressing non-support issues

Since 2021, it has become common practice in China to use post-filing data to address issues related to inventiveness and sufficient disclosure. However, there is a general perception that the same examination standards may not apply to non-support issues, as there are no specific provisions in the Guidelines for Patent Examination.

Despite this, we have had some success for clients in addressing non-support objections with supplemental data. This article follows another successful case that we shared last year, and we will continue to publish further case studies over the coming weeks. Below is a recent case which provides further insight into utilising post-filing data to address non-support issues.