New Grounds of Rejection in the Examination of Patent’s Inventive Step -Focusing on Changes to the Primary Prior Art-

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This research examines whether changes to primary prior art constitute new grounds for rejection in patent inventive step evaluations.
Comparison of domestic and international case law regarding prior art changes
Analysis of recent Supreme Court judgment (2015후2341) on inventive step
Examination of legal principles related to procedural fairness and predictability
Changes to primary prior art are generally regarded as new grounds for rejection, ensuring substantial response opportunities for applicants.
Flexible interpretations allow for some changes to be seen as not constituting new grounds if core arguments remain unchanged.
Balancing procedural rights of applicants with the efficiency of examination processes is crucial for patent system integrity.

Analyzes changes in primary prior art as new rejection grounds in patent inventive step assessments, suggesting legal implications.

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CHO et al. (2026) studied this question.

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