Drafting for Multiple Jurisdictions Miniseries: Part II - Data Considerations When Drafting

Many patent owners are interested in trying to draft a single patent application that will serve them in several countries. This is ambitious, since there are many differences between various countries’ patent systems, but perhaps not impossible. The patent drafter just needs to be aware of and try to balance all the different requirements in the single patent application. This series of articles will outline some important considerations when drafting a single patent application. In our first article (available here), we reviewed the grace period provisions in the U.S., Korea, China, and the European Patent Office (“EPO”). Since waiting for clinical trial data before filing a patent application is not necessarily advisable, in this article, we will look at how much data should be included on filing. The article may be found on Finnegan’s AIA blog.