1) Backgrounds for amendments
1) The benefits of priority examination can be easily attained due to convenient filing of priority examination with no particular conditions, putting the object of the system in shade.
(2) The efficiency of the system is reduced with low allowance rate of the applications which have been filed with priority examination without any sufficient studies on the patentability of the invention.
(3) In other countries such as the US and Japan, the priority examination should be accompanied with a search report on the prior arts of its invention.
2). Important amendments
1. Search report on the prior arts of the invention by the applicant should be submitted as one of required documents for filing of priority examination.
As from September 1, 2009, the applicant who wants to file a priority examination should first search relevant prior arts related to his invention and submit its description on the filing of priority examination (Form No. 5) which includes the results of the search and the comparison of the present invention and its prior arts.
2. The requirements are enhanced for filing of priority examination on the invention which is carried out or being prepared to be carried out.
(1) The subject of priority examination is limited to the invention which is carried out or being prepared to be carried out by the applicant who makes the business of the present invention. (Article 4(2)i)
(2)Documents should be submitted at the time of filing of priority examination describing specifically on whether the invention is carried out for its purpose or being prepared to be carried out by the applicant and whether the applicant makes the business of the present invention or not. (Article 6(2))
(3)All documents should be submitted proving that the invention is carried out or being prepared to be carried out by the applicant.
3. The regulations to determine the relation between the present inventions and Applicant Company are more sophisticated.
Under the amendment of September, 2008, the companies which are registered as a venture company, techinnovating company (INNOBIZ) or company specializing in developing parts or material are required to prove the relation between their technical field and the subject of the present invention, and the confirmation procedure of the relation causes some delay in the process of determination of prior examination.
To improve the situation, the regulation is amended requiring the registered company to submit documents proving the present invention is its business field at the time of filing for priority examination.
4. Green technologyrelated inventions have more opportunities for priority examination.
The subject of priority examination is more clearly stipulated for fast (priority/accelerated) examination on the invention related to green technology, which will be effective as of October 1, 2009.
Above mentioned amendment can apply to the present invention if it belongs to one of listed categories as following;
(1) Facilities for preventing noise and vibration, soundproof facility, vibrationproof facility, or the method for implementing the facility.
(2) Facilities for preventing water pollution, or the method for implementing the facility.
(3) Facilities for preventing air pollution, or the method for implementing the facility.
(4) Facilities for waste disposal, or the method for implementing the facility.
(5) Facilities for producing resources, for purification or for public treatment, or the method for implementing the facility.
(6) Facilities for recycling, or the method for implementing the facility.
(7) Facilities for public sewage disposal, excretion disposal, grey water or private sewage disposal, or the method for implementing the facility.