On debated issue over proper application of Article 33 of Patent Law, the article tries to compare with examination practices in other countries, comment on views of judicial decisions.
A priority verification in the preliminary, substantive examination, or the subsequent invalidation proceedings plays an essential role in the fate of a patent application with priority.
This article takes the position that the party that claims the time difference should take the burden of proof and if it fails to do so, no consideration should be given to the time difference.
Patent infringement cases surged after 2003, and particularly after 2008, the parties stepped up their efforts with U.S. International Trade Commission Section 337 investigations, reaching to a climax