Category: Business/Financial Management>>Trade
Analysis:
Conflicting application
According to Article 22, 2 of the Patent Law According to the provisions of this paragraph, in the judgment of novelty of a patent application, a patent application for the same invention or utility model filed by another person with the Patent Office before the filing date of the application and published after the filing date (including the filing date) will cause damage. Novelty of the patent application filed on that filing date. For simplicity of description, when judging novelty, such a patent application that damages novelty is called a conflicting application.
Since only one patent right can be granted for an invention, in order to avoid repeated authorization of the same invention or utility model patent application, the examiner should search whether there is any damage when conducting the novelty examination. A conflicting application for the novelty of the invention or utility model patent application.
When searching, the examiner should pay attention to determine whether there is a conflicting application. He must not only check the claims of the original text of the earlier application, but also check its description (including drawings), and the full text of the application should be used. shall prevail.
Since the conflicting application does not belong to the prior art specified in Article 30 of the Implementing Rules of the Patent Law, the conflicting application will only be considered when determining the novelty of the invention or utility model. creativity will not be considered.
Conflicting applications include international patent applications for the same invention or utility model filed by others before the filing date, entered into the Chinese national phase after (including the filing date) and published in Chinese, and are for the same invention or utility model.
In addition, conflicting applications only refer to those filed by others before the filing date, and do not include identical inventions or utility models filed by others on the filing date and filed by the applicant himself.