Anyone who has been exposed to patent training will know that there are three kinds of patents in China: invention, utility model and design, and the most important thing to judge whether a patent can be awarded is whether it meets three characteristics, namely creativity, novelty and practicality.
In the process of judging, we said that if the patent I want to apply for is the same or similar to the existing technology, it will be judged as losing novelty, but in this process, there is still a point of resisting the application.
According to the second paragraph of Article 22 of the Patent Law, in judging the novelty of a patent application, if any unit or individual (including the applicant himself) submits the patent application documents to the Patent Office before the filing date of the application and publishes them after the filing date (including the filing date), the application is called a conflict application for a patent application.
To put it simply, the patent we want to apply for has been submitted to the National Bureau of Justice before us, but it has not been published yet, so the patent that cannot be found in the existing technology is our conflict application. Here, I encountered several mistakes in the process of brushing the questions:
1. The so-called conflict applications are also regional, and applications from other countries do not constitute conflict applications for China.
2. The synthetic date of conflicting applications does not include applications on the same day. Applicants will communicate with each other if they apply on the same day. If the communication fails, both parties enjoy the patent right. However, if the international application enters the national phase, the date of the international application will precede the date of the latter applicant, even if the date of entering the national phase is later than the date of the latter applicant, it will still cause application conflicts.
The above is my personal opinion on the application for violation of regulations. Please ask me more questions if there are any irregularities.