EXCO/FR22/RES/005
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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Resolution of the World Congress and Executive Committee
Cannes, France, 25 to 29 September 2022
“
Test results submitted after the filing date
”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative
of the free profession throughout the world, assembled at its World Congress and Executive
Committee held in Cannes, France, 25 to 29 September 2022, passed the following resolution:
NOTING
our previous 2010 resolution “Consideration of test results”
;
OBSERVING
that sufficient grounds currently exist to refuse applications or revoke patents
where the existence of an invention is not adequately supported by the application as filed
;
OBSERVING
that objections to allowability or validity of a patent application or patent are by
their nature always raised after the date of filing
;
and
ALSO OBSERVING
that such objections are often based on prior art, which prior art was
previously unknown to the applicant or patent proprietor, and there are situations that can
be addressed by submitting test results, which results might only be obtainable after an
application was filed;
URGES
all authorities tasked with the examination or evaluation of a patent application or
patent to take account of any test results submitted after the filing date of the application in
answer to any objections to allowability or validity, regardless of the date of completion of the
testing, provided that those results relate to the invention as disclosed in the content of the
application as originally filed
.
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EXCO/DE10/RES/001(GB)