Can patent application documents be modified after submission
After the patent application documents are submitted, the applicant can to modify.
Modification of the request in the patent application document The procedure is different from the procedure for amending the description and claims.
Amendments to the request must be made through special descriptions To handle the procedures for change of items, the applicant must fill out the "Declaration Form for Change of Bibliographic Items". If the applicant, inventor, etc. are changed, a certain fee must be paid.
For invention patent applicants, there are two opportunities to modify the application documents. The first time is when submitting a request for substantive examination; the second time is when responding to the patent examiner's first notice of substantive examination opinion. The time for applicants of utility model patents and design patents to modify application documents is limited to 3 months from the filing date. At the same time, the law has restrictive provisions on the modification of patent application documents, that is, modifications to invention or utility model application documents must not exceed the originalthe scope described in the description and claims. Modifications to design patent application documents shall not exceed the scope represented by the original pictures or photos. In other words, modifications to the description are mainly limited to non-substantive parts. Modifications to substantive parts, such as the purpose of the invention, technical solutions and embodiments, etc., are not allowed. Amendments to the claims should be based on the description and cannot go beyond the scope of the description. Modifications to design pictures or photos are limited to modifications to unclear lines or obvious errors in views. When the application documents are submitted after modification, the "Supplementary Letter" or "Statement of Opinions" must be filled in as required, indicating the name and content of the modified document, and submitting the replacement page of the modified document. A "List of Documents to be Submitted after Application" should also be attached. One serving.
Application under Article 33 of the Patent Law A person may modify his patent application documents, but the modifications to the invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and the modifications to the design patent application documents shall not exceed the scope represented by the original pictures or photos. scope.
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