ACD
The characteristic of conflicting applications is that they are filed first and published later, including PCT entering China. But it cannot be a foreign application. BExcluded.
"Patent Examination Guidelines" Part 2, Chapter 3, Section 2.2: Conflicting Applications
According to the provisions of Article 22, Paragraph 2 of the Patent Law, in the case of an invention or utility model In the judgment of novelty, patent application documents or published patent documents filed by any unit or individual with the Patent Office before the application date for the same invention or utility model and published after the application date (including the application date) will damage the application date. Novelty of the filed patent application. For simplicity of description, when judging novelty, such a patent application that damages novelty is called a conflicting application.
The examiner should note that when searching, to determine whether there is a conflicting application, he must not only check the claims of the prior patent or patent application, but also check the description (including drawings), and the full text of the patent application shall be used. The content shall prevail.
Conflicting applications also include international patent applications that have entered the national phase in China and meet the following conditions, that is, filed by any unit or individual before the filing date and issued by the Patent Office after (including the filing date). An international patent application published or announced for the same invention or utility model.
In addition, conflicting applications only refer to those filed before the filing date, and do not include identical invention or utility model patent applications filed on the filing date.