특허명세서 보정에 따른‘새로운 거절이유’의 발생과 보정각하

The current patent law stipulates that if an examiner finds a reason for rejection, the applicant should be notified of the reason for rejection and given the opportunity to submit an opinion within a fixed period, but Article 63 (1) stipulates that if a 「new reason for rejection」 occurs due to the amendment of the patent specification when requesting a reexamination, the applicant can make a decision to declination amendment ex officio without giving the applicant the opportunity to submit an opinion Under the current declination amendment system, even if an examiner discovers a 「new reason for rejection」 for the amendment of the patent specification through new citations, the applicant can dismiss the amendment at the time of requesting a reexamination without giving the applicant an opportunity to submit an opinion, so the applicant is deprived of the opportunity to submit an opinion on the 「new reason for rejection」 under the new reference. In order to solve this problem, it is necessary to amend the provisions of Article 63 (1) of the Patent Act to notify the reason for rejection. In addition, it is necessary to amend Article 51(1) to prevent the amendment of the patent specification upon request for reexamination from being immediately rejected without giving the applicant an opportunity to submit an opinion if a 「new reason for rejection」 is found through a new reference in accordance with the amendment to Article 63(1) of the notify the reason for rejection Regulations.