Can an applicant apply for active modification of a design patent
Yes.
Patent Law of the People's Republic of China (August 25, 2000 (Second amendment on the same day)
Article 33 Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and modifications to design patent application documents shall not exceed the original pictures or photographs. range.
"Implementing Rules for the Patent Law of the People's Republic of China" (2002 Revised and released by the State Council on December 28, 2018)
Fifth Article 11 When making a request for substantive examination and within 3 months from the date of receipt of the notification that the invention patent application has entered the substantive examination stage issued by the patent administration department of the State Council, the applicant for an invention patent may take the initiative to submit a request for substantive examination.Make modifications. Applicants for utility model or design patents may proactively propose modifications to their utility model or design patent applications within 2 months from the filing date. If the applicant modifies the patent application documents after receiving the notice of examination opinion issued by the Patent Administration Department of the State Council, the applicant shall make modifications in accordance with the requirements of the notice. The patent administration department of the State Council may correct obvious errors in words and symbols in patent application documents on its own initiative. If the patent administration department of the State Council makes modifications on its own initiative, it shall notify the applicant.
Article 52 Application for patent for invention or utility model For the revised part of the description or claims, except for the modification, addition or deletion of individual words, replacement pages must be submitted in accordance with the prescribed format. For modifications to pictures or photos in a design patent application, replacement pages must be submitted in accordance with regulations.
"Examination Guidelines" (Part 1, Chapter 3) (issued by the State Intellectual Property Office on October 18, 2001)
4.3.l Applicant’s voluntary amendments Rules 51.2 For applicants’ voluntary amendments, it should first be checked whether the date of proposed amendment is within two months from the date of application Inside. For modifications made more than two months ago, except when the modification is to overcome defects existing in the original application document, the examiner shall issue a notification that it is deemed not to have been made in accordance with the provisions of Paragraph 2 of Article 51 of the Implementing Rules of the Patent Law.
For voluntary modifications proposed within two months, Modifications should be reviewed to see if they go beyond what the original image or photo represents. If the modification exceeds the scope represented by the original image or photograph, the applicant shall be notified that the modification does not comply with the provisions of Article 33 of the Patent Law. After the applicant responds, if the modification of the patent application document still exceeds the scope, the applicant shall be informed in accordance with the "Patent Law" Article 33 of the Patent Law and Article 44 of the Implementing Rules of the Patent Law provide for rejection.
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