I have a patent that was granted within the 5-year timeframe, but was filed a couple of years before that time.
Can it be used as supporting evidence?
Yes, you can use a patent that was filed earlier but granted within the last five years as supporting evidence for as long as it meets the right patent conditions.
like the grant date is within the past five years, the patent is directly linked to your own work and name, the invention has made an impact or gained recognition as it were.
All the best.
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Yes that’s fine however please specifically call it out in the application to not leave room for misinterpretation. If there is a way to only show the grant timestamp, use that!
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Just noticed this and following up with timing confusion as I have a document that is around same 5 year cut off point and wondering is the “five-year evidence window” to the exact day of application or will evidence from the years 2020 - 2025 suffice? Thanks @pahuja @Raphael
It’s tricky!
As much possible try to show only the patent grant year and not month if that will fall out of 5 years. I have seen assessors overlooking or accepting a slight variation in case of otherwise strong applications but have also seen them flag it with just a month of variation if the other parts of applications were weak.
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