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我国实行先申请制的专利申请制度,申请日的确定关系到一件专利申请新颖性和创造性的判断,因而尤为重要;然而,在实际的专利受理和审查过程中,由申请日确定和变更导致申请人正当利益受损的案件时有发生。如何在专利审批的各个环节保障申请人的利益,是本文重点考虑的问题。本文从“消失的邮戳”讲起,分析当前专利审查中所存在的申请日确定与变更的相关问题,并从申请人的角度进行考虑,提出了解决问题的几点建议。
It is particularly important for China to apply for a patent application system based on the first application system. The determination of the filing date relates to the novelty and creative judgment of a patent application. However, in the process of actual patent acceptance and examination, the application date is determined and changed Cases in which the applicant’s legitimate interests have been damaged have occurred from time to time. How to protect the interests of applicants in all aspects of patent examination and approval is a key consideration in this article. This article starts from “disappeared postmark ”, analyzes the problems related to the determination and change of the filing date in the current patent examination, and considers the applicant’s point of view, and puts forward some suggestions to solve the problem.