Conflicting Application in China's Patent System by Peter ZHANG

Published: March 2, 2020, 3:55 a.m.

According to the Chinese Patent Law, the prior art means any technology known to the public before the filing date of a patent application in China or abroad.

However, there is a type of special patent application filed prior to the filing date of a patent application being examined, which is not prior art (according to the definition of the prior art), and which cannot be used to examine the inventive steps but can only be used to examine the novelty of the patent application.