The Secret Prior Art Trap: A Case Study On Conflicting Applications In China

In patent prosecution, the concept of a "conflicting application" or "secret prior art" plays a critical role in determining the patentability of an invention. This p explores the framework for assessing conflicting applications under Chinese patent law, with a comparative perspective on the approaches adopted in the United States.

Case Background: The Image Encoding Dispute

The subject of the appeal was a patent application for an image encoding technology, filed on June 5, 2019. The applicant had not claimed any priority. The CNIPA Examiner had issued a Final Rejection, asserting that the application lacked novelty in light of two prior PCT international applications:

1. D1-WO (WO2020207498A1): Claiming a single priority date of April 12, 2019.