1. What is the evaluation procedure for restricted divisional essential patents

• (1) For Patent β whose technical content substantially overlaps with that of a divisional patent of Patent α (a patent satisfying the relationship under Article 44 of the Patent Act) for which an essential patent evaluation or evaluation of restricted divisional essential patents has already been made
• (2) Based on the essential patent evaluation document of Patent α,
• (3) Indicating the commonalities of the respective constituent elements of Patent α and Patent β, and
• (4) Explaining only the differences in the respective constituent elements of Patent α and Patent β,

this refers to the essential patent evaluation procedure in which an application is made by explaining the reasons why such differences are essential for realizing the functions and effects of the standard specifications and technical documents.

2. Patents subject to applications for evaluation of restricted divisional essential patents

“Substantially overlapping technical content” means that the differences between Patent α and Patent β constitute a single technical requirement, and fall under the following four cases (examples).

• Case 1: Replacement of one constituent element (or part of a constituent element)
• Case 2: Deletion or addition of one constituent element (or part of a constituent element)
• Case 3: Replacement of one wording
• Case 4: Replacement of the category of the invention

Example of Case 1: Replacement of one constituent element (or part of a constituent element)

Example of Case 2: Deletion or addition of one constituent element (or part of a constituent element)

Example of Case 3: Replacement of one term

Example of Case 4: Replacement of the category of the invention

3. Determination in the evaluation procedure of restricted divisional essential patents

With regard to determining what cases fall under “substantially overlapping technical content,” it cannot be ruled out that cases other than the four cases (examples) above may also be applicable. Therefore, after the commencement of this procedure, a certain period will be provided, and responses will be made on a case-by-case basis while confirming the actual content of the application.

Depending on the result of the determination as to whether the case will be handled as the evaluation procedure of restricted divisional essential patents, the application may be returned for filing as an original essential patent evaluation.

4. Flow of filing an application for evaluation of restricted divisional essential patents

Overview of the flow of filing an application for evaluation of restricted divisional essential patents