Some Problems with the Current Practices Concerning the Priority System

摘要

The historical view of the partial-priority system used to correspond to the "umbrella" theory. Nowadays practice pursuant to the partial-priority system seems to have become the "fiction" theory. "Fiction" theory is straightforward, and therefore seems to secure predictability and legal stability at first glance. However, "fiction" theory may cause serious problems concerning predictability and legal stability because in the case of adding only embodiments, the "relevant date" to consider prior art may vary depending on the interpretation of the claim. The article explores the solution to the problems, namely the revival of the "umbrella" theory.