Intellectual Property Insights: Applying 'Conflicting Applications' as Prior Art - Can Harmonization Be Achieved?

摘要

As patent harmonization talks continue, and as the issue of conflicting applications remains as one of the subject matters for discussion, it behooves the patent offices to seek a potential for a compromise solution that meets a "best practices" approach and at the same time a reasonable position that can be widely accepted. To the extent that the above compromise provides a reasonable solution it should be carefully reviewed. However, it is also recognized that other compromise solutions might be available and all of these should be studied to try to achieve patent harmonization in as many areas as possible.