我国抵触申请规定之法理辨析

Probing into the Rationale for the Conflicting Application Rule

一直以来,普遍的观点认为抵触申请规定的立法目的是为了"禁止重复授权"。但是,通过对《专利法》关于抵触申请规定的语义的理解以及对其适用条件和效果的检视,并将抵触申请规定与禁止重复授权原则和先申请原则进行比较,不难发现抵触申请规定的意义和价值绝不仅仅在于禁止重复授权。正确认识抵触申请规定的意义和价值对于在专利授权、确权程序中准确适用该规定具有重要的影响,并且有利于向公众准确地传播其立法思想。。

For a long time, it has been a prevalent view that the purpose of legislation for the conflicting application rule is to prohibit ＂double patenting＂. However, upon rereading it in the context of the Patent Law and reexamining its specific functions, and by comparing it with the rule of prohibiting double patenting as well as the first-to-file rule, it is discovered that, the rationale for the conflicting application rule is in no way for purely prohibiting double patenting. Restating the rationale for the conflicting application rule is critical to the application of the rule in prosecution and invalidation proceedings, and is also beneficial to convey the legislation value accurately.