What is the concept of conflict application and the necessary conditions?
Conflict application is a term in patent regulations that refers to a patent application that impairs novelty. Specifically, it means that any unit or individual has filed an application with the patent administration department for the same technology before the application date, and it is recorded in the patent application documents published after the application date, then this application is called a patent application. Conflict application. To put it simply, two or more people file patent applications with the Patent Office one after another for inventions with the same content. The one who files the application first is the first application, and the one who files the second application is the later application. The application constitutes a conflicting application to the later application.
Conditions for conflicting applications:
(1) The earlier application must be filed before the filing date of the later application, and the content of the earlier application must be published after the filing date of the later application;
(2) The earlier application and the later application must be filed by different persons.
Legal basis:
"China Patent Law of the People's Republic of China
Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.
What are the conditions for obtaining patent rights?
If the applicant Without filing an application with the Patent Office of the State Intellectual Property Office, no patent right can be granted, no matter how important or economically beneficial the invention is. The first condition for obtaining a patent right is that the applicant files a patent application for his invention and creation with the Patent Office of the State Intellectual Property Office. That is, if the enterprise or individual who invents and creates the invention does not apply, his invention and creation will not be protected by the patent law, that is, Patent rights cannot be obtained.
When an applicant files a patent application, the patent applicant needs to have a deep understanding of the substantive and procedural provisions of relevant laws on authorization, and have considerable patent application experience. , generally, patent applications are entrusted to professional patent agencies, which can greatly improve the authorization rate, save patent applicants time and expenses, and help patent applicants obtain appropriate patent rights; the factors that affect patent rights during the review process are also There are many differences in the personal examination level of examiners, which will also affect the acquisition of patent rights. Patent examination implements independent examination combined with examination quality control, but the examination level and subjectivity of different examiners vary greatly, which may affect the acquisition of patent rights.
The second condition for obtaining patent rights is that the Patent Office of the State Intellectual Property Office, after receiving the applicant’s patent application, has relevant basis for the invention-creation applied for. The application will be reviewed according to the law, and if it complies with the provisions of the relevant laws, the applicant will be granted a patent right. That is, only a patent application that meets the provisions of the law after review can obtain a patent right. In the above process, there are many factors that affect obtaining patent rights. The patent application needs to comply with the format requirements and content requirements of patent application documents stipulated in the Patent Law and perform various procedures. The most important among them is that the essence of the invention-creation for which the patent is applied for must meet legal requirements. substantive conditions for granting patent rights.
The above knowledge is the editor’s answer to the question “What is the concept of conflicting application and what are the necessary conditions?” conflicting application refers to two or more The act of applying for the same patent successively, and then applying first, constitutes conflict with the subsequent applicant. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
