Is it best to file as early as possible with very broad claims to make sure your innovations are protected? This is an often-employed strategy in which additional results are added in a later stage to back up the application. The Board of Appeal of the European Patent Office (EPO) recently decided that such post-experimental data would not be taken into account to assess the inventive step of the claims of a patent filed by Bristol-Myers Squibb. What does this ruling mean for an optimal filing strategy?
Download the article 'First to file? How to handle post-experimental data'.
This article was first published in BioVox News, January 2017.