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    Publish Date
    09 Nov 2009
    Organisation
    Summary
    A recent majority decision by the US Federal Circuit has reinforced the principle that utility and enablement (conditions of patentability) are determined as of the filing date of the patent application. A patentee cannot rely on test results that were not available at the time of filing the patent application and, accordingly, may need to delay filing until such results are available.
    Jurisdictions
    • United States
    Sectors
    • Intellectual Property

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