KIPO has announced that the examination regulation for biotechnology inventions has been amended and it would be effective from February 1, 2010. The details are as follows:

i) Novelty as to the known gene or protein but limited by new function
Even if a new function was found, where the subject matter to be finally claimed is the known gene or protein as it is, it has no novelty.

ii) Inventive step as to polynucleotide fragment or antisense
An inventive step of a primer, probe, antisense, siRNA, or miRNA of the known gene would be recognized only where their highly significant effects are established by comparative data.

iii) Unity requirement in claiming a plurality of the known genes or proteins as a marker.
To meet the unity requirement, the claimed genes or proteins should have a common or corresponding structure contributory to a function as a marker, and share a functional feature.

iv) Novelty and inventive step on microorganisms
In case it is ambiguous to distinguish the claimed microorganisms defined by a deposition number with the known microorganisms, the novelty and the inventive step should be established upon the evidential materials and the specific data submitted by the applicant.

                                                                                                                                                                        --source: AJU Kim Chang & Lee