康信视点 | 互联网数据库中，文献公开日的认定

Core Points - The article discusses the definition of "prior art" in patent law, emphasizing the importance of the application date as the cutoff for what constitutes prior art [1][2][3] - It highlights the challenges in determining the actual publication date of documents cited in patent examination, particularly when dealing with traditional journals and online databases [4][6] - The article provides a case study where a patent application was rejected based on a cited document's publication date, illustrating the complexities involved in establishing the true date of public disclosure [5][6][14] Summary by Sections Definition of Prior Art - Prior art is defined as technology known to the public before the patent application date, encompassing time, geographic, and publication methods [1][2][3] Challenges in Publication Date Determination - The article outlines the difficulties in accurately determining the publication date of documents, especially when the dates from online databases differ from the actual print publication dates [4][6][7] - It emphasizes the need for clarity between "publication date" and "web release date," as they can represent different timeframes [8][9] Case Study Analysis - A specific case involving Applicant A is presented, where a cited document's publication date was misinterpreted, leading to a rejection based on perceived lack of novelty [6][12][13] - The article argues that the actual public disclosure date should be considered based on the print publication date rather than the online database's recorded date [13][14] Recommendations for Patent Applicants - It advises patent applicants to file their applications before any public disclosure of their work to maintain patentability and suggests allowing buffer time for potential examination adjustments [14][15] - The article stresses the importance of gathering evidence and understanding publication policies to effectively challenge any misinterpretations during the patent examination process [15]