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The test for added subject matter

Data submitted after the filing date

7.87 Under Singapore Patents Act, the specification of an application or a patent cannot be amended in a manner which would result in added subject matter. Therefore, if experimental data is to form part of the specification, it should be included at the date of filing.

7.88 The Applicant may submit data or evidence after the date of filing in order to address objections (e.g. an inventive step, sufficiency or industrial applicability objection) raised by the Examiner. Whether the data or evidence will be admitted depends on the technological field and individual case. Usually, as long as support could be found in the original disclosure (no new teaching), the submitted data may be considered by the Examiner.

7.89 Generally, in the assessment of sufficiency, the applicant cannot rely on data or evidence submitted after the filing date itself to establish sufficiency of disclosure and overcome a sufficiency objection.

7.90 When assessing inventive step, advantages in association with the invention (e.g.  substantiated by experimental data) that are not disclosed in the specification as filed but submitted after the filing date may be considered by the Examiner. However, if the data or evidence submitted after the filing date provides new teaching, e.g. a selection invention for which support cannot be found in the application as filed, then it would not be allowable to claim a specific compound/composition by merely providing its advantages at a later stage.