What is the impact of conflicting applications on patent novelty and what are the constituent elements
Conflicting application is a term in patent regulations, which refers to a patent application that damages 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.
Four elements of conflicting applications
1. Applicant: any unit or individual, including the applicant himself;
2. Application date: File an application with the Patent Office before the patent application under review is filed, that is, It is a first-to-file application;
3. Publication date: published by the Patent Office in accordance with the law on or after the filing date of the subsequent application;
4. Identity of inventions: The application document records the same invention or utility model as that of the subsequent application.
Conflict application on novelty and inventiveness Impact
Inventions and utility models granted patent rights under Article 22 of the "Patent Law of the People's Republic of China" shall possess novelty and creativity and practicality. If the filing date of the conflicting application is earlier and the publication date is later, the novelty of the invention or utility model patent application will be damaged. The novelty will be damaged, but the inventive step will not be affected.
To sum up, this is all the content compiled by the editor for you. If you have more questions or legal consultation about patent novelty issues, you are welcome to seek help from the Legal Savior Network Help from a professional lawyer.
