On An Application For A Patent For Invention To Extend The Conflicting Application "scope Of Application

Avoids duplicating awards the patent is currently a hot topic in the world of intellectual property .the patent examiner, the patent agent, the patent judge, the manager of patent and so on, express themselves points about the question regarding avoiding duplicating patent in Chinese exclusive law legislation , patent examination practice . This article is for the purpose of expanding the applicable scope of "contradiction applies" in invention patented claim to avoid the repetition awarding patent by the maximum limit.At present under the Chinese exclusive law frame are there three articles for avoids duplicating awards the patent: The exclusive law article ninth, the exclusive law 22nd second section stipulates "the contradiction applies" processing way, and the exclusive law detailed rules 13th. But in the processing way identical applicant who in different date asking the invention patented claims about the similar invention creation by exclusive law detailed rules 13, are there still the possibility of duplicating awards the patent. Then in order to maximum limit avoids the repetition awarding the patent, should expand in the invention patented claim the applicable scope of "the contradiction applies" ,that is the pressing way about above case also adopt "the contradiction applies"...