Retrieval of conflicting applications in patent substantive examination

Retrieval of conflicting applications in the examination of patent substance I. Basic principles Before issuing the notice of granting patent right to the application, the retrieval of conflicting applications should be completed as far as possible, that is, all other people's applications filed before the application date of this application and later published in the patent documents retrieved at that time should be fully consulted. Retrieval of conflicting applications in patent substantive examination. After the application is published 18 months, it will enter the retrieval of substantive examination procedure. Usually, an application for a patent for invention is published 18 months from the date of filing, and then enters the substantive examination procedure. In this case, the retrieval made by the examiner before the first notice of examination opinions shall include the retrieval of the conflicting application. Three. Retrieval of an application for a patent for invention that enters the substantive examination procedure after the application is published in advance. If the application for a patent for invention enters the substantive examination procedure after the application is published in advance, the examiner may make a preliminary search for the conflicting application before issuing the notice of examination opinions for the first time. If it is the date when the conclusion of the application is made, the examiner may, within 18 months from the date of application, continue to supplement the retrieval of the conflicting application according to the situation that the conflicting application entered the patent document for retrieval; If the end date of the examination of the application is eighteen months or later from the date of submitting the application, the examiner shall further search the conflicting application on or after the expiration of eighteen months and before making the examination conclusion. Note: Before the filing date, the same invention-creation has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date. This kind of application is called conflict application. The purpose of stipulating the application conflict is to avoid repeatedly granting the same invention or utility model patent to different people.