Comments from Speaker
When filing a patent application claiming priority, embodiments and/or drawings are sometimes added. In cases where an examiner finds prior art existing between the priority date and the filing date, the effect of the priority is judged. According to the JPO Examination Guidelines, the same concept as the judgment on new matter is used, leading to the effect of the priority not being recognized for the added embodiments and/or drawings. On the other hand, there are some cases where the effect of the priority is judged based on the subject matter at a lawsuit, rather than the judgment on new matter, and it seems to be judged similarly at the appeal stage. I will explain judgments on the effect of claiming priority based on the Examination Guidelines and some case laws.
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