“申请专利的发明创造”在专利申请日前公开的,通常会被认定为缺乏新颖性。但是,如果该在先公开是《专利法》第二十四条规定的不丧失新颖性的公开,则该申请可以不丧失新颖性。目前的审查实践只是规定了申请人在申请专利的过程中应当声明其“申请专利的发明创造”具有法定不丧失新颖性的情形,对于已经取得的专利权及处于无效审查程序中的专利权,如果具有法定不丧失新颖性的公开情形的,专利权人应当如何主张该在先公开不使其专利丧失新颖性,法律法规及审查指南 “Patent application for invention ” published before the patent application date, will usually be considered as lack of novelty. However, if the prior disclosure was made public without loss of novelty under Article 24 of the Patent Law, the application may not lose its novelty. The current review practice only stipulates that in the process of applying for a patent, an applicant should declare that “the invention of patent application” has the statutory status of not losing the novelty. As for the patent that has been obtained and the patent in invalidation examination procedure If there is an open case of statutory non-loss of novelty, how should the patentee advocate that the prior disclosure does not deprive the patent of its novelty, laws and regulations and the review guide