How is the patent applicant’s right to amend stipulated?
Patent Law Article Article 33 is about the applicant’s right to amend the patent application, that is, the applicant can modify the patent application documents, but the modifications to the invention and utility model patent application documents shall not go beyond what is recorded in the original description and claims. Within the scope of the design patent application documents, modifications to the design patent application documents shall not exceed the scope represented by the original pictures or photographs. It can be understood as follows:
1. Applicants can It is a right granted by law to patent applicants to make changes to their patent application documents. After applying for a patent but before being granted a patent right, a patent applicant may need to modify his patent application documents for various reasons. For example, you may think that some parts of your patent application documents are unclear or inaccurate, or that some data need to be recalculated, changed, etc. Therefore, the law allows patent applicants to make changes to their patent application documents.
The applicant's modification of the patent document stipulated here is the same as the applicant's modification of the patent document at the request of the patent administration department of the State Council as stipulated in Article 37 of this Law. Amendments to patent applications are different. Here are the amendments initiated by the applicant. In accordance with the relevant provisions of the "Patent Law Implementing Rules", an invention patent applicant may actively propose amendments to the invention patent application when submitting a request for substantive examination or responding to the patent office's first substantive examination opinion. Applicants for utility model or design patents may proactively propose amendments to their utility model or design patent applications within three months from the filing date. For example, the original text and illustrations can be modified to make them clearer and more accurate; or the original technical solutions can be modified and supplemented to make them more complete. However, the applicant shall not modify the patent application documents beyond the scope prescribed by law.
2. Regarding the scope of modifications made by the applicant to the patent application documents. In accordance with the provisions of this article, application documents for invention and utility model patentsThe scope of modifications shall not exceed the scope recorded in the original description and claims; the modifications to the design patent application documents shall not exceed the scope represented by the original pictures or photos.
What conditions do patent applicants need to meet?
No Any natural person or legal person has the right to apply for a patent. The natural persons or legal persons who have the right to apply for a patent are as follows:
1. The inventor of a non-service invention or his legal rights The so-called legal heir means that due to the death of the inventor, his legal heir inherits the right to apply for a patent.
2. The legal entity to which the service invention-creation belongs
For service inventions, apply for a patent The rights belong to the unit.
3. Legal assignee
The inventor of the non-service invention or the person to whom the service invention belongs The unit voluntarily transfers the right to apply for a patent for an invention or creation to a person or unit with or without compensation.
4. Co-applicants
Co-applicants refer to individuals who jointly apply for a patent and Individuals, individuals and units, or units and units. Among the co-applicants, if there is a prior contract agreement, the application shall be handled according to the contract agreement.
5. Patent application qualifications for foreigners
Foreigners include foreign citizens and foreign legal persons . In order to promote international economic and technological exchanges and introduce advanced foreign science and technology, my country's Patent Law adopts internationally accepted principles and makes the following provisions for foreigners to apply for patents in China.
Foreigners who do not have a habitual residence or business office in China apply for a patent in my country. If their country has a bilateral agreement or an international treaty that they both participate in with my country, It will be handled in accordance with the principles of reciprocity and reciprocity. The application processing should be entrusted to the patent processing agency established by the patent administration department of the State Council of China.
Foreigners who have a habitual residence or business establishment in China enjoy exactly the same treatment as Chinese entities and individuals.
The assignee or successor of the patent application right shall submit documents proving the assignment or inheritance when filing a patent application. Any transfer of patent application rights by Chinese entities or individuals to foreigners must be approved by the relevant departments of the State Council.The above knowledge is the editor’s answer to the question “How is the patent applicant’s right of amendment stipulated?” Article 33 of the Patent Law is about application The provisions on the person’s right to amend a patent application, that is, the applicant can amend its patent application documents. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
