2.2 the application of contradictions
According to the second paragraph of Article 22 of the Patent Law, when judging the novelty of an invention or utility model, the patent application documents or published patent documents for the same invention or utility model submitted to the Patent Office before the filing date and published after the filing date (including the filing date) damage the novelty of the patent application filed on the filing date. For the sake of simplicity, when judging novelty, such patent applications that damage novelty are called conflict applications.
Examiners should pay attention to retrieval. To determine whether there is a conflicting application, they should consult not only the patent claim of the earlier patent or patent application, but also its specification (including the appended drawings), which shall prevail.
Conflicting applications also include international patent applications that have entered the national stage in China and meet the following conditions, that is, international patent applications for the same invention or utility model filed by any unit or individual before the filing date and published or announced by the Patent Office after the filing date (including the filing date).
In addition, conflicting applications only refer to the same application for a patent for invention or utility model filed before the filing date, excluding the same application filed on the filing date.