Can the experimental data submitted after the patent application be recognized?

Can the experimental data submitted after the patent application be recognized? Can the experimental data submitted after the patent application be recognized? (2) Can the experimental data submitted after the patent application be recognized? 20 10 version of the patent examination guide (hereinafter referred to as the "guide") stipulates in the second part, chapter 10, section 3.4, item 2, whether the specification is fully disclosed shall be subject to the contents recorded in the original specification and claims, and the examples and experimental data submitted after the application date shall not be considered. Today, I would like to share with you some cases we encountered in the practice, and whether the experimental data submitted in the future can be recognized. Can the experimental data submitted after the patent application be recognized? 1, the effect of supplementary experiments should be obtained from the application documents. Drugs are special commodities used for preventing, diagnosing and treating diseases, which are closely related to public health and life safety. Drug research and development generally has the characteristics of large investment, high difficulty and long cycle. In order to prevent the research results from being stolen or preempted by competitors, the subjects engaged in drug research and development tend to file patent applications as soon as possible. Early research may not be perfect, so in the process of patent examination, when the claimed invention is questioned as not creative, the applicant hopes to prove its technical effect by supplementing experimental data. However, if all applicants are allowed to rely on the experimental data supplemented after application to prove that their technical scheme is creative, it may violate the principle of first application and the principle of open exchange protection. Then, what standards should be set for the experimental data submitted in the future, which will not violate the system design and basic principles of the patent law, but also meet the actual needs of the applicant? According to China National Intellectual Property Administration's Decision on Amending the Patent Examination Guide (Order No.74 of China National Intellectual Property Administration), the Patent Examination Guide (hereinafter referred to as the Examination Guide), which came into effect on April 1 2065438, added section 3.5 on supplementary experimental data in the second part, stipulating that the examiner should review the supplementary experimental data after the application date. The technical effect proved by supplementary experimental data shall be obtained by the technical personnel in the technical field from the contents disclosed in the patent application. Why does the review guide stipulate that the experimental data submitted in the future can only be used to prove the technical effects that technicians in their fields can obtain from the contents disclosed in the patent application? First of all, the patent right is exclusive, so only one patent right can be granted for the same invention. Where two or more people apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Therefore, the filing date becomes an important time node to judge who should be awarded the same invention and creation. Similarly, the invention content completed before the filing date is an important basis for determining the protection scope of patent claims. If the applicant is allowed to supplement the experimental data completed in the future without restriction, then the applicant can submit an application before the invention is completed, so as to obtain an earlier application date, and then the invention completed in the future will be included in the scope of protection by supplementing the experimental data. This will undermine the order of fair competition, which is not conducive to the operation of the patent system and market mechanism. Secondly, disclosure for protection is one of the original intentions and basic principles of patent system design, that is, the applicant fulfills the obligation to disclose the invention and creation to the society in exchange for a certain period of exclusive rights. The experimental data submitted after the application does not belong to the contents recorded and disclosed in the original patent application documents, and the public cannot see this information. It is unfair for the public to grant or confirm the patent application based on these experimental data, if these experimental data are not in the prior art and cannot be known by the technicians in this field before the patent application date. Therefore, when the applicant or the patentee wants to prove that the technical scheme required to be protected is creative relative to the existing technology by submitting experimental data after the application, the technical personnel in the technical field should obtain the technical effect proved by supplementary experimental data from the contents disclosed in the patent application.